Pleural Plaques

Pleural Plaques are a form of scarring which are found on the outside lining of the chest wall (the parietal pleura).   They do not of themselves cause breathlessness or any asbestos-related cancer.   They are strongly associated with a history of asbestos exposure and are the commonest asbestos-induced condition.   In spite of the fact that they do not cause any physical symptoms, a diagnosis of pleural plaques undoubtedly causes considerable anxiety in many cases reports Michael Osborne, senior solicitor with Moore Blatch Resolve LLP.

From the early 1980s until 2006 men and women with pleural plaques could bring a civil claim for compensation (known as damages) against a party/parties which had wrongfully exposed them to asbestos dust (usually their employer/s).  Representatives of insurance companies then brought a test case, which proceeded to the country’s highest court, the House of Lords.   The judgment of the court was to prohibit claims for pleural plaques.

In fact, no compensation any sort is available for pleural plaques as the welfare system does not recognise them as a condition for which industrial injuries disablement benefit is payable. 

The test case judgment has caused considerable concern, especially amongst asbestos support groups and trade unions.  The government in 2007 invited interested parties to make representations but, so far, has not confirmed one way or the other whether it will introduce legislation to overturn the House of Lords’ judgment.

Meanwhile, in June 2009, the Scottish parliament introduced a statute which has reinstated the right to claim damages for pleural plaques.   At the moment, however, all Scottish cases are on hold.  This is because some insurers have issued judicial review proceedings, arguing that the act passed in Scotland is unlawful.   The court’s judgment is awaited.

Someone who has been diagnosed with pleural plaques and who had some exposure to asbestos in Scotland should contact a Scottish solicitor who is an expert in asbestos disease claims.   This applies even if the individual was also exposed to asbestos in England or Wales.  We will be happy to give contact details for a suitable lawyer in Scotland.

It is important that men and women with pleural plaques who may be able to make a claim in Scotland contact a solicitor.  This is because since 17 June 2009, when the Scottish parliament passed the law reinstating claims, the time limit which applies to issuing proceedings in civil claims has been reactivated.  The law is that cases shall be issued at court within 3 years of the date that an individual was first informed that he/she had an asbestos condition.  In Scotland, the clock “stopped ticking” on 17 October 2007, when the House of Lords gave its judgment in the test case, but time started to run again on 17 June 2009.  So, for example, a man who was told that he had pleural plaques on 17 June 2005 should issue proceedings by 17 February 2011 (from 17 June 2006 to 17 October 2007 is 1 year 4 months and 17 June 2009 to 17 February 2011 is 1 year 8 months, making a total of 3 years). 

For more information, please contact Michael Osborne on 020 8332 8636  [Richmond] or 023 8071 8092 [Southampton] or email michael.osborne@mooreblatch.com