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”.

Paul Mancuso, 45, his father Lester, 70, and his brother Steven, 37, all of Utica, New York, were indicted Oct. 16 on several federal charges after illegal dumping asbestos. The charges include:

• Violating the Clean Air Act
• Violating the Superfund Act
• Conspiracy to defraud the U.S.
• Conspiracy to commit mail fraud

Illegal Asbestos Removal and DumpingThe Mancusos are alleged to have performed illegal asbestos removal operations and to have dumped asbestos-containing materials on the sides of roads and other non-permissable locations in upstate New York. Another member of the family, Paul’s brother Ronald Mancuso, pleaded guilty to illegally dumping asbestos and to conspiracy to violate the Superfund Act.

What is Asbestos?

Asbestos is a naturally occurring mineral found floating in the natural environment. It is composed of multiple durable fibers that are resistant to heat and friction. When the mineral is broken, the strands of fibers separate, creating a thin, microscopic dust. Once in its broken state, asbestos becomes extremely toxic as it can be swallowed easily. Because of its durability and strength, it does not break down once ingested, but instead accumulates in the lining of the lungs, the stomach or the heart and after time can lead to development of fatal diseases.

Second Set of Criminal Charges for Paul MancusoThis is not the first involvement with illegal asbestos handling for Paul Mancuso; he was convicted of asbestos removal and disposal crimes in 2003, and of insurance fraud concerning his asbestos business in 2004. As part of his sentence for those crimes, Paul was prohibited from engaging in any asbestos abatement work, according to U.S. Attorney Andrew Baxter.

Fraudulent Companies, DocumentationThe recent indictment alleges that Paul later set up illegal companies in the names of his relatives and associates to engage in asbestos projects that contaminated private residences and businesses and dumped the removed asbestos at non-permitted sites such as roadsides.

Brother, Steven Mancuso, an attorney, is charged with preparing fraudulent documentation to give the appearance of legally conducted asbestos abatement by the companies. He faces a maximum sentence of five years in prison and a fine up to $250,000.

Years in Prison, Millions in Fines

Paul Mancuso, if convicted, could be sentenced to 55 years in prison and a fine up to $2.75 million. Lester Mancuso’s maximum possible sentence is 23 years in jail and a fine up to $1.25 million.

(Source: www.mesotheliomatreatmentcenters.org)

Getting Legal HelpIf you’re concerned about asbestos removal or dumping, contact mesothelioma centers to schedule a private, no-cost consultation with an experienced asbestos attorney today. Our attorneys understand the laws governing wrongful asbestos exposure and will fight to ensure your legal rights are protected.