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Anxiety Due To Asbestos Exposure
Long Term Asbestos Exposure
John Albert Allen Brett V Beaven & Sons Ltd (2003)
The claimant, a 73-year-old man, received £12,252 for the pleural plaques, anxiety and risks of future deterioration caused by asbestos exposure during his employment between 1945 and 1978.
Bristol County Court (Recorder Richard Stead) 7/11/2003
LTLPI 21/11/2003 (Unreported elsewhere)
Document No.: AM0200544
Future Deterioration Of Health
Claimant: Male: 70 years old at date of knowledge; 73 years old at date of award.
Occupational Disease: During his employment as a pipe fitter with the defendant and their predecessors, the claimant was exposed to asbestos for 33 years between 1945 and 1978.
In 2000, the claimant underwent an x-ray to investigate the cause of chest pain. The x-rays revealed calcified bilateral pleural plaques.
The claimant sustained injury and brought an action against the defendant alleging that it was negligent in allowing the claimant to be exposed to asbestos during the course of his employment.
Liability admitted.
Increased Risk Of Cancer
Injuries: The claimant was diagnosed with calcified bilateral pleural plaques.
Effects: The plaques were asymptomatic and, apart from being a cause of worry, they had no adverse effect on the claimant's health at that time. The claimant however faced the risk of developing future asbestos related conditions. The risk of diffuse pleural thickening and asbestosis was approximated at two per cent and the risk of developing mesothelioma was approximated at 10 per cent.
There was also an increased risk of lung cancer over and above that resulting from the fact that the claimant had smoked until about 20 years previously. During the hearing, the Recorder found that this increase in the risk of lung cancer was by no more than 10 per cent.
The diagnosis caused the claimant several weeks of serious anxiety, which required tranquillisers. However, the Recorder found that save for the claimant's initial adverse reaction, the anxiety that he experienced was to be expected by any man in such a position.
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Asbestos Exposure Compensation Award
Court Award: £12,252 total damages.
Breakdown of General Damages: Pain, suffering and loss of amenity ('PSLA'): £12,000.
Breakdown of Special Damages: Travel costs: £10.
Background to damages: The PSLA award was made up of £5,000 for pleural plaques and anxiety and £7,000 for the risk of future deterioration.
The claimant claimed a final award on a once and for all basis. The Recorder commented that the JSB Guidelines were not helpful in this matter because they did not deal with final awards for asymptomatic pleural plaques and future risks.
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