SPEEDING UP MESOTHELIOMA CLAIMS part-4

 3. Additional changes to provide fair and just benefits and compensation

In addition to the above proposals to eradicate delays to mesothelioma claims, we have

proposed changes (Appendix A) that would improve benefits and compensation for

mesothelioma sufferers. These do not amount to a ‘wish list’ of changes, but relate to many

small and large injustices faced by mesothelioma sufferers all of which deserve action.

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SPEEDING UP MESOTHELIOMA CLAIMS part-3

 2. Overcoming delays to mesothelioma claims pre and post-action.

A government long term solution was unveiled at the Mesothelioma Summit on the 13 March

2007 to provide a lump sum payment to all mesothelioma sufferers.4 This dramatic

government announcement, taken together with the interim measures already implemented,

amount to a major step forward for mesothelioma sufferers.

Notwithstanding these important government initiatives, including the practice direction

already referred to, much more needs to be done to improve claims, especially pre-action.

We are convinced that unless government addresses serious remaining obstacles to

mounting mesothelioma claims all government initiatives now and in the future will

remain partial and fail to achieve the government’s declared objectives.

In our submission to the DWP in November 2006 we identified the following obstacles to

mesothelioma claims. We believe that it is essential that they are removed.

Employers Liability Compulsory Insurance

A mesothelioma claim cannot be effectively pursued if an insurer cannot be traced where the

employer is no longer trading. Many legitimate claims fail simply because of this.

Furthermore, time is lost in tracing an insurer, so that in many cases a mesothelioma sufferer

will have died by the time an insurer has been traced.

The proposals below are essential, in many cases, to the issue of an early letter of claim and

to improve the pre-action process.

Establish a central repository for employers liability insurance

There is currently a requirement to keep employers liability insurance records (ELI) for 40

years. However, there is no system for central storage of insurance records, without which it

is very likely that the current difficulties in tracing ELI records will continue into the future.

As companies cease trading it is not possible to ensure that their records are accessible and

traceable. There should be a compulsory requirement for all responsible organisations to

record their ELI policies in an agreed central storage system.

Impose a specific duty to make available and deposit all ELI records

The code of practice for tracing employers’ liability insurance is not proving effective. There

is a substantial amount of information held by insurers, brokers and others. We believe that

the parties who hold this information will not voluntarily make available all the information

they have. We believe there should be a specific duty placed on specified organisations (e.g.

insurance companies, employers, solicitors, and others) to lodge all ELI information available

to them in a designated, central storage system. This is an urgent issue as information is

gradually being lost or destroyed.

Dependency Claims

Many mesothelioma claims are delayed because a claim made after death can be more

advantageous for a mesothelioma sufferer’s dependants. We know that mesothelioma

sufferers wish to die secure in the knowledge that the best financial arrangements have been

made. We do not think an acceptable solution to this dilemma is for an interim payment to be

made pending completion of the claim after death.

The MoJ have proposed options which might satisfactorily resolve this dilemma in their

consultation paper CP9/07, and also remove the discrepancy in this aspect of law between

Scotland and England and Wales.5 We think that the options in the consultation paper should

be considered as a matter of urgency and a satisfactory solution agreed to provide just

compensation and to avoid unnecessary delay in settlement of claims and anguish to

mesothelioma sufferers and their families.

The FSCS validation rule

The Financial Services Compensation Scheme (FSCS) validation process causes long delays

in payment of damages to mesothelioma sufferers, so that in many instances they die before

payment is made. These delays could be eradicated if the mesothelioma sufferer were paid

prior to the conclusion of the validation process. The FSCS can afford to wait for payment

and would lose nothing in doing so. It is unacceptable to delay payment for no other reason

than bureaucratic convenience.

Arrangements for provision of medical records

The delay, in some instances, in the provision of medical records, can slow down the claims

handling process. While clinical treatment is a priority, the importance of making records

available to expedite mesothelioma claims is not always sufficiently understood.

The majority of hospital trusts in Merseyside have agreed to a Terminal Illness Protocol

which prioritises solicitors’ requests for medical records by accepting a a new form, titled,

“URGENT – Terminal Illness Case (TIC)”. It was noted in discussions that the current fee for

providing medical records is insufficient. A higher fee, particularly for solicitors’ priority

requests, would enhance the capacity of trusts to provide information in a timely manner.

The insurers’ latest challenge: the ‘trigger’ issue

Insurers are threatening to withhold compensation in mesothelioma cases pending the

outcome of the legal challenge, the ‘trigger’ issue. We have been contacted by claimants who

have been advised by their solicitors that payment might be delayed. One of the biggest

impediments to mesothelioma claims has been the continuous attempts by defendant and their

insurers to challenge the right of mesothelioma sufferers to compensation; first the Fairchild

case, then the Barker case and now the ‘trigger’ issue. We do not accept the assurances given

to government by insurers that they are eager to provide timely to compensation to

mesothelioma sufferers, when, at the same time, they are working day and night to defeat

legitimate claims. If this latest attack on mesothelioma claims is successful it will cause chaos

and lead swiftly to the end of compensation for mesothelioma sufferers.

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SPEEDING UP MESOTHELIOMA CLAIMS part-2

1. Mesothelioma Pre-Action Protocol

The fast track court system for mesothelioma claims, developed by Senior Master Whitaker,

has made the greatest single improvement to date in progressing living mesothelioma claims.

The MoJ has incorporated this fast track system into a Practice Direction, which will soon

take effect throughout the regions and expedite many more mesothelioma claims. It would be

a disaster if a mesothelioma pre-action protocol were to be adopted which would deny early

access to the fast track court system, and thereby undermine an initiative which has been

universally acclaimed.

However, we share concerns that more could, and should, be done to improve claims, both

pre-action and post-action. Government has already proposed improvements through interim

and long term measures. We think the government’s initial, interim approach with regard to

the pre-action process was correct in looking for an early, standard letter of claim in the

context of the Pre-Action Protocol for Disease and Illness Claims (Disease and Illness

Protocol).

Standard Letter of Claim

The announcement on 16 May 06 by John Hutton1 that the DWP, ABI, APIL and the DCA

had agreed to work together to speed up the settlement of claims for those suffering from

mesothelioma was universally welcomed. On the 20 July 06 eight interim measures were

announced, including the development of a Standard Claim Letter, which could be

implemented relatively quickly. Action on most of the interim measures has now been taken,

resulting in significant improvements.2

The development of a Standard Letter of Claim was overtaken by the ABI’s unexpected, and

unwelcome, draft mesothelioma pre-action protocol. We think that the initial proposal for a

Standard Claim Letter should now be developed, and implemented, as a matter of urgency.

Appropriate reference to the letter of claim should be made in the existing Disease and Illness

Protocol to the effect that:

• the letter of claim should be sent within 14 days of a defendant being identified3 and before

issuing proceedings;

• any delay in sending a letter of claim is unacceptable and we believe that sanctions should

be imposed on a claimant’s solicitor for failing to do so;

• 14 days should be allowed before proceedings are issued for a defendant to reply and admit

liability and make an acceptable offer and an acceptable interim payment.

It is clear that in many cases the claimant’s occupation and the defendant’s industry sector,

e.g. BR locomotive works, means that it is inevitable that liability will be accepted: it is

only a matter of time until this is done. In these circumstances especially it is possible for a

defendant to concede liability in response to a letter of claim within the specified period.

• proceedings may be issued at any time after the 14 days have elapsed from the claim being

sent.

Accepting liability must be quickly followed by a meaningful offer of compensation. Too

often this does not happen and a long delay ensues, leading to eventual ‘haggling’ on the

steps of the court. Anyone who has stood with a widow and witnessed this sordid spectacle

will understand the frustration and anguish caused by the claims process. This is why it is

essential that proceedings may be issued even if liability is admitted.

Fatal Claims

We believe that in contrast to living claims, fatal mesothelioma claims are not expedited as

they should. It is not acceptable that some fatal claims should take years to conclude. We

think that the Disease and Illness Protocol is not currently followed and we think it should be

effectively enforced, and sanctions should be imposed for delay. Fatal mesothelioma claims

should be monitored to assess the effectiveness of the Disease and Illness Protocol.

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SPEEDING UP MESOTHELIOMA CLAIMS part-1

Introduction

The Forum is grateful for the recent opportunity to meet with Janet Howe, Ministry of Justice

(MoJ), about the draft mesothelioma pre-action protocol, and for the opportunity to re-engage

in the discussion on the best way forward for speeding up mesothelioma claims.

The Asbestos Victims Support Groups Forum – UK (Forum) submitted proposals to the

DWP for the improvement of mesothelioma claims in November 2006. Our proposals

included suggestions for change to the Industrial Injuries Scheme, the Pneumoconiosis etc.

(Workers Compensation) Act 1979 and to statute and common law rules (Appendix A).

We share the concerns of ministers and their officials about the many failings of the common

law system which denies compensation to so many mesothelioma victims, and fails to deliver

compensation in a timely way to those who are indeed ‘fortunate’ enough to succeed in their

claims.

The cards are truly stacked against mesothelioma sufferers:

• their disease has the dubious distinction of having the longest latency of all, consequently

tracing insurers is a nightmare;

• they often give up a claim in-life to secure financial security for dependants on death;

• they often do not live long enough to know the outcome of their claims;

• the delay in getting medical records can add sufficient additional delay to deny

compensation in life;

• even when damages are won, the FSCS validation process can delay payment until after

death;

• the latest insurers legal challenge (the ‘trigger issue) is now delaying payments in some

mesothelioma cases.

The government could make a huge difference, and deal a ‘better hand’ to mesothelioma

sufferers by acting to remove the above obstacles and delays. Our proposals below address

the concerns we have about the claims process, both pre-action and post-action.

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The Different Types Of Mesothelioma

Mesothelioma in the present times is one of the most dangerous cancers in the world. Its cure is impossible and even its detection is quite difficult. The symptoms of mesothelioma are very much similar to some of the commonly occurring diseases. As a result even if the patient is showing the signs of having mesothelioma, it would be difficult for the doctor to diagnose it as such. There are mainly three types of mesothelioma that have the highest rate of incidence. These three types are the pleural mesothelioma, the pericardial mesothelioma and the peritoneal mesothelioma.

The Pleural mesothelioma: The primary cause of pleural mesothelioma is the exposure of the individual to the mineral asbestos. When the asbestos fiber gets lodged in between the mesothelium membrane surrounding the lungs then the cancer is known as the pleural mesothelioma. The cancer of pleural mesothelioma has the highest rate of occurrence. The asbestos fiber once inside the pleural membrane remains dormant for a long period of time. After this latency period, these fibers start interfering with the working of the mesothelial cells. This interference leads to the development of the cancerous tissues.

The Pericardial Mesothelioma: When the asbestos fibers start interfering with the mesothelial cells in the pericardial region then the resultant cancer is known as the pericardial mesothelioma. The mesothelium membrane surrounding the heart region is known as the pericardial membrane. The asbestos fibers after a long latency period start interfering with the working of the pericardial cells. This interference leads to the development of the cancerous cells in the pericardial region.

The Peritoneal Mesothelioma: The mesothelium membrane surrounding the abdominal region is known as the peritoneal membrane. When the asbestos fibers get lodged in between the peritoneal region then the resultant cancer is known as the peritoneal cancer. Just like in the other two cases, the peritoneal cancer occurs when the asbestos fibers after a long period of latency start interfering with the working of the peritoneal cells.

All the above three forms of mesothelioma are devastating for the patient as there is no permanent cure for this cancer. Once a person has been diagnosed with this cancer, the only option left to him is make his remaining life pain free and comfortable.

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The Dangerous Cancer Of Mesothelioma

 The present day life of the modern man is already beset with myriads of stress and strains. There is a family to look after and a career to take care of. Then there are some social obligations that need to be carried out with all the enthusiasm. Among all these busy issues if an individual is told that he is suffering from one of the most dangerous cancers in the world; a cancer that has no cure and a cancer that is caused either due to the negligence of the government or probably one of his previous or present employers. His world would come crashing down. All his dreams, his hopes and his desire would simply vanish and would be replaced by anguish, disgust, anger as well as frustration. The only fault of the individual in this entire rigmarole would be that the individual himself or a near and dear one was exposed to the mineral asbestos.

Asbestos is the primary cause of the cancer of mesothelioma. This mineral is present in a natural state in almost all the countries of the world. Majority of the use of the asbestos is in the developed world. As a result a big proportion of mesothelioma patients are from this part of the world. The reason why mesothelioma is considered as one of the most dangerous cancers in the world is that it does not has any cure till now. Even its symptoms are not specific to this disease only. In majority of the cases the symptoms of mesothelioma are very much akin to some of the most commonly occurring diseases like pneumonia.

Another factor that makes this cancer a very dangerous disease is that the asbestos has a long period of latency. The asbestos fiber can remain dormant for as long as 30 to 40 years and may start functioning after this period of latency. As a result by the time the disease is diagnosed it has already progressed into the final stages. At that stage the only hope for the patient could be to live his remaining life as pain free as possible.

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The Best Mesothelioma Treatment Center

Finding The Best Mesothelioma Treatment Center When I was looking for a reliable mesothelioma treatment center that can provide me all the legal information on mesothelioma, one of my friends has suggested me to go for New Mesothelioma Treatments. After visiting the website I really found the required information about mesothelioma treatment that I was looking for. In this article I am going to discuss why I was appreciated by this informative website.

As all we know that mesothelioma is a rare cancer cause of asbestos to exposure. Mesothelioma is such a disease that can spread out in quick manner if you don't take any treatment in the time. As per as precaution is concerned you need to have basic knowledge about mesothelioma disease that can help you to prevent from some unexpected incidents. To get legal information or to get some ideas about mesothelioma disease and about its symptoms you need to research on Internet. You will find lots websites are on the Internet that are providing mesothelioma information. Make sure before taking any step or any medicine on the basis of these websites you need to consult with your doctor. Because these web sites are not often reliable as per as mesothelioma treatment is concerned. 

Like me if you are also interested in getting knowledge about mesothelioma diseases and the way to get rid of this serious disease you need to go through a reliable website that can provide all the information about new mesothelioma treatment. While I found difficulties in finding out a good website, one of my friends has just suggested me to get for New Mesothelioma Treatments website. After visiting this appreciating website I really satisfied with the information they provided on the website - thanks New Mesothelioma Treatments for providing such needful information for the mesothelioma patients. I think these information would be useful to all the patients who are suffering from mesothelioma diseases.

So if you are looking for the mesothelioma information and also want to visit mesothelioma treatment center I would recommend you to go through this website in order to know about new mesothelioma treatment

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