The Association of Personal Injury Lawyers (APIL) has responded to the government’s decision not to allow compensation for those diagnosed with asbestos-related pleural plaques by calling it ‘disappointing’.

The Law Society Gazette reports that The Ministry of Justice (MoJ) cited evidence from the Industrial Injuries Advisory Council – as well as Professor Sir Liam Donaldson, the government’s Chief Medical Officer – when announcing its decision.

Some personal injury lawyers have called the decision ‘a fudge’.

APIL said the decision was ‘a disappointing end to a long, drawn-out, consultation process’.

The MoJ’s decision means that a 2007 ruling on compensation for those with asbestos-related pleural plaques will now not be overturned.

The condition is not regarded as a disease, despite the fact that pleural plaques – scarring of lung tissue – has been linked to an increased risk for the asbestos-related cancer, mesothelioma. The symptoms of mesothelioma include pain, hoarseness and breathing problems. The disease almost always has a fatal outcome, usually within five years of diagnosis.

However, APIL says that The Damages (Asbestos-Related Conditions) Bill – which has already passed through the Commons – might overturn the 2007 ruling.

However, in a response to APIL's editorial, the editor of the British Asbestos Newsletter, Laurie Kazan-Allen, said that she attended a meeting at the House of Commons on 2 March and was told that the Bill was ‘dead’.

‘There is, of course, a great deal of anger amongst trade unions and victims' groups that most pleural plaques sufferers in England and Wales have been sold down the river – while sufferers in Scotland will be compensated because of action taken by the Scottish Parliament,’ said Ms Kazan-Allen.

The Bill was read at the committee stage in the House of Lords on Friday (05/03/10). 

A date has yet to be scheduled for the report stage of the Bill in the Lords, when it will be subjected to examination line-by-line.

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