Specialist asbestos disease solicitors who assist those affected by asbestos related diseases met at the Maritime Museum, Albert Dock, Liverpool on 25th March 2022 to cover the latest developments in this complex area of law.
Mr Peter Cowan, Senior Counsel at Oriel Chambers in Liverpool, chaired the event where over 70 delegates including our very own specialist asbestos disease solicitor and Associate Director, Mr James Cameron, attended the conference where several speakers at the head of their professions updated the conference on recent court decisions in the UK as well as in the US.
US Talc Cases Brought by UK Sufferers
Pressure from cases brought in America on behalf of UK sufferers of mesothelioma, has led to one cosmetic company ceasing to sell its talcum power in the US. The conference heard from the enigmatic, Brendan Tully at the conference who is a leading New York Attorney of Simon Greenstone Panatier. He described touching stories of young British women who used a variety of talcs and different forms of makeup which contained asbestos and ultimately led to them developing incurable asbestos-related mesothelioma. The cases were brought to life by Mr Tully’s picture of his clients, all of which had their lives turned upside down by the contamination of their beauty products by asbestos dust. Mr Tully said:
“For decades, various brands of talcum power products, including perfumed dusting powder, baby powder and face powders, contained dangerous levels of asbestos fibres. This hidden asbestos put normal consumers and families around the world at risk and created a serious public health issue. Unfortunately, many labs across the globe, including health and regulatory agencies from different countries, are still finding asbestos in some products that sold today. This has to stop. I am honoured to join the conference to talk about this international public health issue, how it affects families in the United Kington as well as in the United States, and discuss what was known, how it happened, and what can be done about it.”
Our own Mr James Cameron said;
“Mr Tully’s passion for assisting asbestos disease sufferers and their families shone through on the day. I had not been fully versed on how many forms of talc and makeup products are known to have been contaminated by asbestos and the affects globally have been devastating. I wish Mr Tully all the best in his quest to restore some sense of justice for those affected. His talk was mightily impressive.”
Defendant Arguments on Liability
The conference also heard from the eminent Dr Rudd, Consultant Respiratory Physician, who provided a very helpful talk on the unreliable Hodgson & Darnton data, used by Defendants in mesothelioma claims in an attempt to prove that a sufferer’s exposure was within safe levels and therefore, could not have “materially contributed to the risk of the development of their mesothelioma”.
Dr Rudd explained that the fact that the data fails to take into account a person’s susceptibility of developing mesothelioma is clearly a huge hole in this method. Claimants’ position should remain that there is no known “safe level” of asbestos dust exposure and if an employer or Defendant party failed to take all reasonable steps to reduce the level of exposure to the lowest level reasonably practicable, then liability should attach itself. This was a point echoed by another speaker, Mike Rawlinson QC in his own informative talk on the day.
Time for Cape to Cough Up
Jonathan Butters of Devereux Chambers, London spoke about his involvement as junior counsel in the important disclosure case of Dring v Cape Intermediate Holdings. After intervening in the case, the Asbestos Support Group Forum succeeded in forcing Cape to disclose hundreds of pages of documentation which showed that they were aware of the dangers that even minimal exposure to airborne asbestos dust could cause in the early 1960s and they chose to refrain from labelling their products, therefore, failing to alert purchasers and users of the products to such dangers.
The disclosure obtained in the case is of real use in various cases involving the handling and cutting of asbestos sheeting and shows that asbestos dose estimates for this form of exposure were much higher than originally thought in past data. Clearly, this is something that will be used by expert engineers like Mr John Raper, who also spoke well at the conference last month.
Asbestos Justice supports the Asbestos Support Group forum in its campaign to force Cape to donate £10 million to mesothelioma research and we look forward to Action Mesothelioma Day on 1st July 2022, where we will be illuminating the famous, Eastgate Clock in Chester in blue to create awareness of the dangers of asbestos dust exposure.
Tips from the Master
Master Eastman of the High Court in London also spoke at the conference, providing all attendees with tips on how to ensure that asbestos disease claims are run as smoothly as possible through the court process. Interestingly, the Master explained that the number of issued cases in the High Court has reduced from the previous year from 1200 to 900 claims and it is thought that the fact that parties now have to pay a £10,000 court issue fee in such claims, may have resulted in this downturn. Our own Mr Cameron said:
“The recent introduction of such high court issue fees in asbestos disease claims often assists in securing offers to settle claims from Defendant parties, who wish to avoid having to pay for this significant part of costs claimed in this area.”
It is testament to the Master and all of the team at the Queen’s Bench Division at the High Court that asbestos disease claims are run swiftly and prudently with parties co-operating on both sides and long may this continue.
Improved Treatment Outcomes
Professor Peter Szlosarek, Professor of Medical Oncology at the Barts Cancer Centre and Institute, London, whom we have instructed on many of our own asbestos disease claims, provided a most insightful talk on the use and efficacy of various, new treatments used in the treatment of asbestos-related mesothelioma.
In many studies, the advent of immunotherapy treatments has improved outcomes for many patients, where in the past their only options were chemotherapy and surgery. The Professor made it clear that the jury is very much out in terms of the efficacy of invasive surgery involving the removal of part of the lung and diaphragm, but the introduction of anti-coagulant drugs, prescribed at the same time of chemotherapy, is shining a light of hope for mesothelioma patients and many more are in the pipeline.
Our Mr Cameron concluded:
“It was a pleasure to hear from such experienced, well-respected experts on the day. I will use the further knowledge I gained for the benefit of my future clients to ensure that they achieve some form of justice after being affected by these devastating diseases.”
If you require assistance in pursuing an asbestos compensation claim for mesothelioma or any other asbestos disease then please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.