Pleural Plaques and Asbestos
The Scottish Government has published a draft bill to reinstate the civil liability for three asbestos related conditions: pleural plaques (small areas of scarring on the lining of the lung), pleural thickening and asbestosis (without any symptoms). The proposed legislation is entitled the 'Damages (Asbestos-Related Conditions) (Scotland) Bill'. The purpose of this bill is 'to ensure that the House of Lords Judgment, which ruled that ‘asymptomatic pleural plaques...do not give rise to a cause of action under the law of damages' does not have effect in Scotland. People with pleural plaques, asymptomatic pleural thickening and asymptomatic asbestosis 'caused by negligent exposure' to asbestos will, therefore, be able to raise an action for damages.
The provisions of the Bill would take effect from the date of the House of Lords Judgment in Johnston v NEI International Combustion Ltd (i.e. 17th October 2007). People whose cases have not been settled or determined by a court before the date when the Bill comes into force will be covered by its provisions.
The Bill is available to view on the Scottish Parliament web site at ...http://www.scottish.parliament.uk/s3/bills/12-Asbestos/b12s3-introd.pdf
A scientific paper has recently been published in the 'Environmental Health' journal describing the relationship between plaques and asbestos exposure:http://www.ehjournal.net/content/pdf/1476-069X-7-30.pdf
This research suggests that average exposure level and time since first exposure (but not exposure duration) are the key variables that predict the prevalence of plaques. This study also shows that fifty years after first exposure to asbestos the predicted prevalence of plaques for a population with moderate exposure (1 f/ml) is about 60%.
IOM scientists and occupational physicians can provide advice about whether a medical condition is likely to have been caused by asbestos exposure.