Phyllis Craig says companies defending asbestos-related claims are putting families through untold distress
In a recent case involving domestic exposure to asbestos, the Court of Session awarded damages in respect of the late Adrienne Sweeney because of her premature death from mesothelioma. What will this mean for others? For one family the five dependants that have been diagnosed with pleural plagues, because of their father’s exposure to asbestos, will mean that each of them is now in a stronger position of having compensation awarded because of their diagnosis.
This type of decision is always portrayed as being positive, but if you scratch the surface you will find that those diagnosed with an asbestos condition have a lot to overcome. For each of the five dependants mentioned above there will definitely be a sense of justice at the decision in the late Mrs Sweeney’s case, but there will be continual anxiety about what their future will entail. They watched their father die a horrendous death from mesothelioma and know only too well there is an increased risk that this could happen to them in the future.
The reality is that in all asbestos cases there is no automatic right to receive compensation; it is not enough to be diagnosed with an asbestos condition. You would have to demonstrate where and how you were exposed to the asbestos, and that there had been a breach of the legislation at that time. In all asbestos cases, the solicitors who represent the Insurance Industry will continue to try and avoid their responsibility by defending each case vigourously in order not to make a payment.
Let us take a look at the late Mrs Sweeney’s case. Having received a terminal diagnosis you might think that the defendants would try to lesson the burden on Mrs Sweeney by settling her claim for compensation in life.
Truth is...there is no automatic right to receive compensation
The truth is that they did not accept the proposed value of the case. Following Mrs Sweeney’s premature death the defendants proceeded to court and this time the late Mrs Sweeney’s daughter had to attend court to re live the painful situation by giving evidence.
CAA believes the public should be aware of such unacceptable behaviour by those defending asbestos cases. Indeed such tactics are used by the defendants every day, and it wasn’t too long ago that the defendants argued in terminal cases of mesothelioma, that each person diagnosed with mesothelioma should have to identify the single trigger fibre that caused their mesothelioma; this argument was dismissed, but was taken all the way to the house of lords in the case of Fairchild, Mathews & Fox.
It may seem that CAA are being somewhat negative, but the charity are aware of the antics by those defending these cases.
We are extremely proud of the late Mrs Sweeney and her daughter for their courage and determination in pursuing this case for the sake of others, as it will make a difference, but as you can see from the aforementioned, there is much that has to be endured before compensation will be awarded.
Phyllis Craig MBE is chair of Clydeside Action on Asbestos
