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No fighting back?

17 March 2011 / Jonathan De Rohan
Issue: 7457 / Categories: Features , Personal injury
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Are mesothelioma claims a lost cause for defendants? Jonathan de Rohan reports

Although mesothelioma is almost always caused by the inhalation of asbestos fibres there is a possibility that some cases are “idiopathic”, ie attributable to an unknown cause. Further, a significant proportion of those who contract mesothelioma have no record of occupational exposure to asbestos. The likelihood is that in their cases the disease results from the inhalation of asbestos dust in the atmosphere. The condition may be caused by the inhalation of a single fibre, a few fibres or many fibres, but the more fibres that are inhaled, the greater the risk of contracting it. Like lung cancer, it is an indivisible condition in that, once initiated, further exposure to asbestos fibres will have no causative effect. It is invariably fatal.

Rock of uncertainty

The present state of medical knowledge is such that there is no way of identifying, even on the balance of probabilities, the source of the fibre or fibres which caused a victim’s malignant tumour. This scientific ignorance

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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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