Mesothelioma is a serious and often life limiting condition that is almost always linked to asbestos exposure. It affects the linings of organs and most commonly develops in the lining of the lungs, although it can also affect the lining of the abdomen, testicles and heart.
Despite greater awareness and tighter regulations, exposure to asbestos remains a key issue in industrial disease work, particularly for those who were exposed decades ago.
Causes
The primary cause of mesothelioma is exposure to asbestos fibres.
These fibres were widely used in construction, shipbuilding and various manufacturing industries throughout the twentieth century. When materials containing asbestos are disturbed, tiny fibres can become airborne and inhaled.
Once inhaled, the fibres can lodge in the lining of the lungs. Over time, this can lead to inflammation, scarring and eventually the development of cancer. What makes mesothelioma particularly challenging is the long latency period. It can take decades, often between twenty and fifty years, for symptoms to appear after exposure.
It is not only those directly exposure to asbestos that can be at risk of developing mesothelioma. Secondary exposure can occur where family members inhale fibres brought home on work clothing. There have also been cases involving environmental exposure near industrial sites.
Symptoms
The symptoms of mesothelioma are often vague at first and can be mistaken for less serious conditions. This can lead to delays in diagnosis.
Common symptoms include:
- Persistent shortness of breath
- Chest pain
- Chronic cough
Some individuals may also experience fatigue, weight loss and night sweats. As the condition progresses, fluid can build up around the lungs, which can make breathing increasingly difficult.
Given the nature of the disease, symptoms tend to worsen over time. Early medical attention is important, particularly for anyone with a known history of asbestos exposure.
Treatment and Life Expectancy
Whilst mesothelioma remains a serious diagnosis, there are a range of treatment options available which can help manage symptoms and, in some cases, extend life expectancy. Treatment will depend on the stage of the disease and the individual’s overall health.
Options can include chemotherapy, immunotherapy, radiotherapy and in certain cases surgery. There are also ongoing developments in clinical trials and newer treatments which may be available through specialist centres.
Although many patients receive treatment through the NHS, it is also possible to explore private treatment options. In the context of a legal claim, the cost of reasonable private treatment and associated care can often be recovered from the defendant. This can allow individuals to access a wider range of therapies or avoid delays in treatment where appropriate.
Claims in England and Wales
From a legal perspective, mesothelioma claims are typically brought as personal injury claims on the basis of negligence or breach of statutory duty. Employers had a duty to protect their workers from the risks associated with asbestos, particularly once the dangers became widely known.
To succeed in a claim, it must be shown that the exposure occurred due to the fault of the employer or another responsible party. This can involve reviewing employment records, witness evidence and historical working practices.
One important aspect of mesothelioma claims is that the courts recognise the difficulty in identifying the exact source of exposure, especially where an individual worked for multiple employers. The law has developed in a way that allows claimants to pursue compensation even where precise causation is complex.
Claims are often handled urgently due to the seriousness of the condition. Courts in England and Wales generally prioritise these cases to ensure that claimants can access compensation as quickly as possible.
Compensation can cover a range of losses including:
- Pain and suffering
- Loss of earnings
- Care needs
- Medical expenses and the cost of private treatment where appropriate.
In some cases, claims can also be brought by family members following a bereavement.
There are also statutory schemes available where a claim cannot be pursued against a former employer, for example where the employer no longer exists or insurance cannot be traced.
Speak to a Specialist Asbestos Solicitor
Mesothelioma remains one of the most significant industrial diseases in the UK. Its long latency period and serious prognosis mean that many clients are only diagnosed many years after exposure.
For anyone affected, seeking early legal advice is key. With the right approach, it is often possible to secure compensation and provide some financial support, including access to treatment options, during what is an incredibly difficult time.
Call us today on 0800 038 6767 or contact us for a free, no-obligation chat to see how we can help you. All of our claims are run on a no win, no fee basis.