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17 March 2011 / Jonathan De Rohan
Issue: 7457 / Categories: Features , Personal injury
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No fighting back?

Are mesothelioma claims a lost cause for defendants? Jonathan de Rohan reports

Although mesothelioma is almost always caused by the inhalation of asbestos fibres there is a possibility that some cases are “idiopathic”, ie attributable to an unknown cause. Further, a significant proportion of those who contract mesothelioma have no record of occupational exposure to asbestos. The likelihood is that in their cases the disease results from the inhalation of asbestos dust in the atmosphere. The condition may be caused by the inhalation of a single fibre, a few fibres or many fibres, but the more fibres that are inhaled, the greater the risk of contracting it. Like lung cancer, it is an indivisible condition in that, once initiated, further exposure to asbestos fibres will have no causative effect. It is invariably fatal.

Rock of uncertainty

The present state of medical knowledge is such that there is no way of identifying, even on the balance of probabilities, the source of the fibre or fibres which caused a victim’s malignant tumour. This scientific ignorance

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NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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