A personal injury lawyer who has dedicated his life to campaigning for compensation for asbestos victims today claims that a new High Court Ruling indicates a landmark victory for asbestos victims.Solicitor and personal injury expert Peter Hankins has given over 30 years of his life to the cause, fighting tooth and nail for the ex-employees of former Chalford-based asbestos firm Fibrecrete and their families.

Many became terminally ill after their jobs at the firm brought them into close contact with the dangerous substance. The families of workers at the factory were also put at personal risk through contact with contaminated workers, in addition to facing the pain of losing loved ones.

The case has been ongoing due to the slow appearance of the effects of working with asbestos, which can manifest themselves years later in the form of aggressive cancers.

The latest twist in the rollercoaster trail of legal successes and setbacks comes with this month’s test case judgment defeating insurers, who were reluctant to validate ongoing payouts to ill workers. “It is a milestone. I feel enormous relief for the families involved,” said Mr Hankins, consultant to Rowcroft solicitors AES Winterbothams.

“This is probably one of the most aggressively fought areas of injury and disease in my professional life,” he said.

“This is also a very important case for Stroud as the lead defendant insurer was BAI and six test case victims defeated the insurers.”

Mr Hankins maintains that the insurer, BAI, had gone along for years with the payouts to the ex employees of Fibrecrete, before arguing in 2007 that the payments should only begin once symptoms of the associated diseases began to manifest themselves.

For many victims, diseases such as mesothelioma and lung cancer which are caused by exposure to the dangerous asbestos particles do not develop until up to 30 years after the original contact, by which point the majority of insurance policies would have expired.

Luckily after 6 weeks of arguing, the High Court found in favour of Mr Hankins and the ex employees of Fibrecrete.

“If they’d won there would have been nothing more disappointing than finding that, after working through a case with either a very ill person or a widow, that there was no insurance policy to pay out their compensation,” Mr Hankins said.

“These men are totally innocent but die dreadful deaths with these illnesses. There are also the wives and daughters who washed their clothes for them and inhaled the asbestos particles. These women had not done anything wrong and yet they too are deprived of their health.”

Mr Hankins, who said he came into his profession on a vocation to “right all wrongs”, expects asbestos cases to peak in about 2015.

“During the test case litigation BAI admitted that over the last two years they had rejected 284 fatal mesothelioma claims, whose f families are consequently still awaiting compensation averaging £125,000 each, which is a total of a staggering £35.5 million,” Mr Hankins said.

When someone is diagnosed with mesothelioma, they may find that they need an attorney to help them with their case. This is a disease that is rare, and there is little to be said about the condition. The rate of this disease is on the increase and there are new mesothelioma attorneys that are trying to settle many cases for different people. They have stepped in for the rights of the people to help them with their case.These lung cancer patients deserve to have the respect and the care that they deserve for all their duties while in the work force. It is important that these patients and their families have the necessary information that they deserve to be well informed about the entire process. Malignant mesothelima is a rare form of lung cancer that is brought on by asbestos.

Handling asbestos causes mesothelioma. This comes from working in an environment that is affected by this deadly material or by someone that is contracted to remove it. Most of the time, the workers are made clear of the dangers that can be caused by working with this type of material. However, some employers will allow little or no protection from the material when the employees are handling it. These workers are entitled to compensation for their work.

For most people, they will not get any better and will have to live with this type of problem for the rest of their life. When someone has to go through that much pain and suffering in their life because their company did not tell them that they were in danger, they will deserve a settlement for their time and their pain. Mesothelioma attorneys will fight for their patients to have all of their medical bills paid and to have a little extra money to help them with the rest of their life. This is an important procedure that will determine how well you settle out.

You need to be confident in your attorney so that the facts can be presented and the client will have a fair and good case. In some cases the patients will die before the case is settled. In these cases, the families of them will be entitled to the remaining settlement. They will have to live without their family member for the rest of their life due to this terrible form of cancer and they will deserve to be compensated well for that reason. Mesothelioma attorneys will help them fight for what their loved one wanted so much. In the end, the money and the settlement cannot make what is wrong turn right. It is not going to bring back the loved one. However, it will be telling these companies that they did something wrong and that they did not get away with it. You will be fighting for rights of the workers and the responsibilities of the employers.

At the 2008 President’s Cancer Panel in September, medical experts demanded that the industrial manslaughter of millions of American workers be addressed including the use of asbestos that causes an incurable form of lung cancer known as mesothelioma. Most comments derived from a professor of environmental and occupational health sciences at SUNY Downstate Medical Center.Jeanne Mager Stellman, PhD, told the panel that “decades had been wasted on examining the problem of carcinogens” at work and caused health issues among US employees. Dr. Stellman also explained to the panel that the government was responsible for the “lack of the will to prevent occupational disease, death and disability” among workers across the United States.

The President’s Cancer Panel is made up of individuals who with to “improve the investment in preventing cancers” that harm US citizens; the panel is an extension of the National Cancer Institute (NCI).

However, Dr. Stellman, who gave a deposition of industrial carcinogens claimed that the toxic effects felt by many workers had manifested through the years and eventually caused the development of cancer among thousands, and basically stated that the panel was not doing enough to protect workers from carcinogens such as asbestos in the workplace.

Where Is Asbestos Used?

Considered a carcinogen, asbestos has been classified by the Environmental Protection Agency (EPA), the U.S. Department of Health and Human Services and the International Agency for Research on Cancer. Deriving from vermiculite mines, asbestos was used in the construction of millions of homes and products until it was banned in the 1970s and 1980s. NCI reports that the wide-spread use of asbestos cannot be reveresed:

* cement

* hot water pipes

* plastics

* insulation

* roofing

* fireproofing

* sound absorption

* boilers

* steam pipes

* vehicle brake shoes and clutch pads

* ceiling and floor tiles

* paints

* coatings

* adhesives

Mesothelioma As ‘Industrial Manslaughter’

Dr. Stellman described to the panel that the carcinogens that industrial workers were exposed to was “ongoing industrial manslaughter” and that through research and records obtained from insulators belonging to a trade union there were and are extreme “cancer risks associated with asbestos and to the widespread control of asbestos that now exists.” safe

The EPA is currently responsible for the safe cleanup and disposal of asbestos in American homes, offices, apartment buildings, universities, schools, hospitals, est. However, according to a Seattle Post Intelligencer article from 2007, the EPA has had a “flawed system of examination and cleanup” of several hundred factories that had at one point processed asbestos or contained asbestos-contaminated vermiculite.

Developing Mesothelioma Cancer

According to the NCI, individuals who are at risk for developing asbestos-induced illnesses include those “exposed to asbestos in their workplace, their communities, or their homes.”

It is imperative that those feeling they were exposed to asbestos contact medical assistance as soon as possible. Additionally, the NCI explains that several signs and symptoms that indivduals can watch for to determine if they may be developing mesothelioma include:

* fatigue

* anemia

* weight loss, loss of appetite

* swelling of the neck or face

* difficulty swallowing

* pain or tightening in the chest

* coughing up blood

* persistent, worsening cough

* shortness of breath

* continued wheezing and hoarseness

Individuals who have been exposed to asbestos fibers or asbestos dust are advised to contact an experienced mesothelioma attorney who can provide a free legal consultation as to the development of a mesothelioma lawsuit. Litigation that is developed surrounding the exposure to asbestos may be able to provide a return on monetary compensation to assist in paying expensive medical bills commonly associated with mesothelioma treatments.

A campaigning lawyer has stated that a new High Court ruling is a landmark victory for dozens of asbestos victims in the Stroud Valleys.Lawyer, Peter Hankins has looked at industrial injuries compensation for more than 30 years for ex-employees of former Chalford-bases asbestos firm Fibrecrete and their families, who were commonly made terminally ill having worked for the company.

Hankins said that the court ruling for insurance companies to pay out compensation for when a worker was exposed to asbestos and not when the symptoms appeared was a great improvement.

Hankins stated: “It is a milestone. I feel enormous relief for the families involved. This is probably one of the most aggressively fought areas of injury and disease in my professional life.”

Fibrecrete closed in 1971 but asbestos and similar illnesses have an incredibly long tail, or lead in time.

Mr Hankins commented: “If they’d won there would have been nothing more disappointing than finding that, after working through a case with either a very ill person or a widow, that there was no insurance policy to pay out their compensation.”

He furthered: “These men are totally innocent but die dreadful deaths with these illnesses. There are also the wives and daughters who washed their clothes for them and inhaled the asbestos particles. These women had not done anything wrong and yet they too are deprived of their health.”

Currently, it is thought that there are around 1,500 mesothelioma deaths a year in the UK, four or five of which are in Stroud.

Hankins said that he came into the lawyer profession on an ideal to “right all the wrongs” and he expects asbestos claims to increase in 1015.

Due to the BAI rejecting compensation claims many workers have suffered this work disease without court sympathy but BAI admitted that the rejection of hundreds of cases will lead to huge settlements.

Mr Hankins stated: “During the test case litigation BAI admitted that over the last two years they had rejected 284 fatal mesothelioma claims, whose families are consequently still awaiting compensation averaging £125,000 each, which is a total of a staggering £35.5 million.”

Asbestos cases can be difficult Many injury lawyers have found asbestos cases difficult, and until now, these cases were difficult to prove. Adrian Budgen, head of industrial disease litigation commented on his findings and on the new court ruling.

Budgen said that the number of work disease victims were huge: “It was hugely challenging because of the sheer scale of the litigation and the number of parties involved.”

Adrian then commented on the new ruling: “Mr Justice Burton found that the four insurers (BAI, Excess, Independent and MMI) were liable to provide an indemnity in respect of negligent exposure to asbestos during their policy periods.”

The new court ruling will hopefully give a new lease of life to the families who have lost loved ones to the disease.

Maureen Edwards who lost her father was happy with the decision: “My dad would have been proud that we have finally achieved justice for him, but he would have been disgusted by the lengths the insurers went to get out of paying.”

General-secretary of Unite, Derek Simpson stated it was a “hugely important victory for the victims of the deadly dust and for their families”.

There was a time when using asbestos as a way of insulating homes, public buildings and even clothing was considered to be an outstanding form of insulation. It was only after a significant period of time that we became aware of the tremendous health problems that asbestos can cause on the health of just about anyone even remotely exposed to the substance. Certainly if we had known that exposure to asbestos would result in a virtual plague of illnesses, it would not have been used with such freedom as it was for so long. Only now are we starting to understand the various ways that exposure to asbestos can damage the lungs and the lethal diseases that will result.

Possibly the most common illness that results from asbestos exposure is a cancer called Mesothelioma. Because asbestos is made up of thousands or tiny fibers, people who work with the substance installing insulation or other building related jobs easily inhale these tiny fibers into their lungs and bloodstream often without even knowing it. Over a lengthy period of time, these tiny strands of asbestos become integrated into the walls of the lungs leading to cancer.

The frightening thing about Mesothelioma and many of the other asbestos related ailments is that in most cases they will occur as long as 20-30 years after the asbestos exposure. In addition, it isn’t just workers who are directly exposed to asbestos who are at risk. Because asbestos clings to the clothing and then gets free in the air to be breathed in by anyone nearby, innocent children and spouses of workers who bring home asbestos dust or debris are also at risk of these lung diseases many years after the exposure occurred and many times when they never knew they had been exposed to asbestos in the first place.

Another ailment directly related to asbestos exposure is appropriately named Asbestosis. The symptoms and ways this affliction causes suffering in the patient is similar to the threats that pneumonia causes. The parts of the lungs that draw the necessary oxygen from the air to keep us alive and passes it into the blood stream are called alveoli. When asbestos dust gets into the alveoli, that process is interrupted or even stopped causing shortness of breath that in severe cases can be life threatening.

The membranes around the lungs are another source of potential damage from asbestos exposure. When the dust and residue of asbestos gets into these membranes, this can lead to pleural plaques, which is a scarring of these important working parts of your lungs. Pleural thickening is also a potential problem when the lung membranes that must be flexible and moist to operate begin to harden and become think making them less able to do their jobs. The result is significant to severe discomfort to the sufferer, which can lead to more life threatening lung problems down the road.

If there is any reason to believe that you or someone in your family has been exposed to asbestos over the years, seek medical attention quickly. Remember that the exposure could have been decades ago and these various lung diseases can come up suddenly with tragic results. Early detection gives doctors what they need to take action before the problems become too severe. Along with top-notch medical care, you may need to enlist legal assistance as well to solicit financial help from the institution who was responsible when you encountered the asbestos exposure. That legal assistance can do a lot to help you pay for expensive medical care that you will need to deal with the damage the asbestos has done to your health.

Contact Information: The Finer Times P.O BOX 1058 Parramatta CBD NSW Website: http://www.TheFinerTimes.com

DefinitionThe most thorough definition of mesothelioma describes it as a rare cancer caused by asbestos fibers that have been lodged in the mesothelium for many years. The mesothelium is the membrane that encases organs such as the lung, the heart and those of the abdomen. Although it takes many years, these fibers can cause cancer cells to grow in the membrane tissue surrounding the fibers.

Mesothelioma most often develops in the membrane surrounding the lung, and results from inhaled asbestos fibers. This mesothelial membrane is called the pleura. Because lung tissue is so soft and porous, the motion of breathing massages the fibers through the lung tissue to the membrane. The consistency of the membrane is such that the fibers penetrate the pleura and remain trapped there.

Occasionally, fibers that are swallowed follow a similar path through the stomach wall where they become lodged in the lining around the stomach, called the peritoneum. With less frequency, fibers can pass through to the lining around the heart, called the pericardium. Mesothelioma can grow in any of these membranes.

Symptoms

Pleural mesothelioma symptoms can include thickening of the pleura, pleural effusion (fluid collecting in the pleural space), which in turn compresses the lung in that area reducing the amount of oxygen that can get into the blood. This causes shortness of breath along with some pain due to inflammation and, sometimes, infection. Persistent cough is common.

Symptoms of peritoneal mesothelioma might include stomach pain or swelling, bowel obstruction, foot swelling, nausea, weight loss, and pain.

Fever, night sweats, or anemia might also be symptoms of either form of mesothelioma. Diagnosis involves specific testing to differentiate it from other diseases, many of which have similar symptoms.

Diagnosis

There are a number of diagnostic tests that are used together with the results of a physical exam to make a diagnosis of mesothelioma. These tests differentiate between diseases and allow the doctor to rule out other diseases and cancers, identifying mesothelioma as the one that matches all of the diagnostic criteria. These include:

• X-rays - X-rays can reveal pleural effusion, pleural calcification, and scarring
• CT or CAT Scan (Computed Axial Tomography) - CT Scans identify tissue density and can identify pleural effusion, pleural thickening and calcification, but it can’t differentiate between mesothelioma and other disease.
• MRI (Magnetic Resonance Imaging) - An MRI is more sensitive than CT or X-ray, and is useful for more accurate identification of tissue changes during the course of treatment, and evaluating for surgery.
• PET Scan (Positron Emission Tomography) - PET Scans measure cellular activity. Cancer cells are more active than healthy cells, and this activity shows up in PET Scans.
• Biopsy - A biopsy involves taking a sample of the suspect tissue, either with a needle or through a small incision, and sent to the lab for analysis.
• PFT (Pulmonary Function Testing) - PFT involves a set of breathing tests to measure your lung volume, elasticity, airflow, and gas exchange into your bloodstream. These measurements reveal whether areas of your lung have a reduced volume or are not exchanging gas (i.e., from pleural effusion and resulting atelectasis, aka collapsed lung,) restrictive lung disease, or reduced airflow from obstructive lung disease.
• CBC (Complete Blood Count) - CBC shows the number of red and white blood cells and platelets, the amount of hemoglobin, and the percent of blood that is red blood cells. It also tests other common blood factors that indicate health and illness.
• Bronchoscopy - A bronchoscope is inserted into the patient’s lungs through the throat that allows the doctor to view the trachea and upper airways. The scope has the ability to take a tissue sample that can be examined under a microscope, in the same was as tissue collected from a biopsy.
• Cytology - A pathologist microscopically examines cells drawn from fluid near the site of the suspected disease.

The U.S. Department of Labor gives links to OSHA’s standards and guidelines for evaluating exposure to asbestos. These links include medical questionnaires, X-ray interpretation standards, medical surveillance for asbestos and more.

If you work with or around asbestos and aren’t properly protected, there is a chance that prolonged exposure will leave you vulnerable to developing mesothelioma. Mesothelioma is a form of cancer that is caused by exposure to asbestos. With mesothelioma, malignant cells grow in the mesothelium, which is the protective lining that covers many of the body’s most important internal organs. The most common place for this cancer to develop in on the lining of the lungs or on the chest wall, although it can develop elsewhere within the body. Because mesothelioma can be prevented by safety equipment and because it is a work-related illness, compensation claims are a big issue.The first claim against an asbestos manufacturer was in 1929, although as part of the lawsuit it was agreed to not pursue any further cases. It wasn’t until the 1960’s that asbestos was officially recognised as the cause of mesothelioma. An article was written in which more than 30 cases of people working with asbestos and suffering from the disease were recorded. Today, many claims are made by employees against employers who have failed to implement strict safety measures, rendering the employer negligent. In the US claims resulting from asbestos lawsuits have now reached into billions of dollars. In the UK claims are less common but the number of lawsuits citing asbestos as the primary cause of mesothelioma is growing steadily.

On the 20 August 2008 Thomas Renfrew of Ardrossan, Ayrshire, was awarded £130,000 in damages for ill health due to exposure to asbestos. He worked as a shipbuilder for 14 years, often coming into contact with asbestos. It was argued in court that Mr Renfrew could live for another 10 years with the disease and that the amount of money rewarded was to make the rest of his life a more pleasant one. The companies that he worked for wanted to pay significantly less because they estimated that he would only live for another 3 years, effectively admitting that his exposure to asbestos had affected his health and predicted life span.

Today, an increasing number of claims are being made due to mesothelioma. One of the reasons for this may be that the symptoms often don’t appear until 20 to 50 years after the asbestos exposure. Symptoms include shortness of breath, persistent coughing, chest pains, weight loss, abdominal swelling and a wide range of other problems. In the later stages of the disease tumours develop throughout the body, although usually these tumours are located primarily in the lungs. As the symptoms of mesothelioma are similar to other illnesses, they can often be misdiagnosed. Obviously, as you can see in the case of Mr Renfrew, life expectancy is reduced dramatically.

If you have worked with asbestos in the past and you experience any of these symptoms then you should consult a doctor immediately. You may also wish to contact specialist claims lawyer who has experience with asbestos cases. As you can see from the Renfrew case, claims of asbestos poisoning and the contraction of mesothelioma are taken very seriously indeed. It is important to have a specialist lawyer working for you, as they will understand the legal proceedings that will directly apply to a claim of this nature. They will also be aware of past cases that can have a bearing on your own case.