In 2009 the Scottish Parliament passed the “2009 Damages (Asbestos-related Conditions) (Scotland) Act.” The law holds in part, that people suffering from non-malignant pleural plaques caused by asbestos are entitled to liability compensation. Pleural plaques are benign calcified growths that develop on the lining of the chest cavity and the lungs, often as the result of inhaled asbestos fibers that have taken hold in the body.
Asbestos-Related Laws Upheld
Four insurance companies sued to have the law set aside, claiming in part that pleural plaques do not constitute physical damage, although it is known that individuals with pleural plaques are a high-risk group for the eventual development of mesothelioma. The presiding judge in the case ruled in the Court of Session in Edinburgh that the objections of the insurers did not prove the level of “irrationality” needed to set aside laws passed by a democratically elected parliament.
Lord Emslie, the judge in the case, said “I consider that primary legislation would require to be tainted to a serious and exceptional degree before an application such as the present could be upheld,” said Lord Emslie. “A major flaw in the [insurers’] argument is their rigid insistence that pleural plaques claimants ‘have suffered no harm’. The Scottish Parliament has taken a different view on that matter … and I consider that this was a course of action which it was entitled to take.”
Insurance Companies Pay for Asbestos Liability Charges
The insurance companies are claiming that they will be responsible for asbestos exposure liability charges amounting to billions of pounds. There is no reliable estimate of the true cost for pleural plaques and the numbers vary widely. The argument that pleural plaque sufferers have no health consequences is belied somewhat by the fact that the insurance companies have been making out-of-court settlements on these claims for twenty years.
Pleural Plaques Not Harmless
There are thousands of retired Scots that disagree with the notion that pleural plaques are harmless. Shipyard worker Dan O’Malley, who worked in Scottish shipyards said: “I’m delighted the judge has ruled that the Scottish Parliament was right to pass this law. I was diagnosed with pleural plaques after suffering breathlessness and a persistent cough. I had all sorts of X-rays and finally a CT scan before pleural plaques was confirmed.”
Said retired electrician Alex McLean: “I have had four former colleagues all die from mesothelioma and that is the real worry. It’s probably worse for our families.” Many people initially diagnosed with pleural plaques later developed severe asbestosis.
