By Simon Dayshen

Asbestos was widely favored in the construction industry at the end of the 19th, and in the early years of the 20th century. Asbestos has high resistance to electricity, is fire retardant, and is cheap and easy to use. The health risks were unfortunately not understood at the time, and many workers in the industry were exposed to severe and prolonged health risks. Airborne asbestos fibers can get lodged in the worker's lungs, and are not easily expelled. The fibers are also sharp, and can puncture and penetrate body tissues. The health legacy faced by asbestos workers is quite appalling, and many now suffer from debilitating, painful and often fatal diseases. Asbestosis and mesothelioma claims have been filed successfully in courts all around the world, many companies involved in the industry have so much liability they have filed for bankruptcy protection, and some companies have even faced criminal charges.

Asbestos is now known to cause asbestosis, mesothelioma, various other cancers, and pleural plaques. Asbestosis is a lung disease. It was first reported medically in the Nellie Kershaw case (England, 1924). The body produces an acid to try and dissolve the asbestos fibers lodged in the lungs. Eventually the acid scars the lung tissue, often to such a degree that respiratory failure results. The condition can take 10-20 years to develop after exposure to asbestos.

Mesothelioma is a cancer of one of the body's internal lining materials: mesothelioma lining is found in the lungs and chest cavity, and also in the peritoneum and pericardium. The disease is caused by exposure to asbestos: no other cause is known. Unlike other lung cancers there is no connection with smoking. The latency is very long, 20-50 years, and prognosis is very poor: most patients will die within one year of developing the disease.

Other cancers, including lung, kidney, larynx and gastrointestinal cancers have also been linked with asbestos exposure. Latency periods of 15-30 years have been reported.

Pleural plaques are less serious than asbestosis and mesothelioma. They are a localized fibrosis of the pleura (part of the lungs). At one time the UK courts decided to award compensation for asbestos workers with pleural plaques, but the decision was overturned on appeal, the case eventually reaching the House of Lords.

The House of Lords therefore appear to accept the insurance company's arguments that pleural plaques are only a marker indicating asbestos exposure, and not an actionable injury requiring compensation. At the time of writing pleural plaques are still not an actionable injury in the UK.

Nevertheless asbestosis and mesothelioma claims are accepted by courts in most jurisdictions. These cases include the record breaking tort case in the United States, a class action with over 600,000 claimants and 6,000 defendants.

The first legal case for asbestosis was in 1929, just five years after the famous Nellie Kershaw case established (in an inquest and UK government enquiry), that there was a definite link between asbestos at Kershaw's workplace, and her subsequent death from pulmonary asbestosis.

Another possibly important case, which this time involves mesothelioma claims, was the case of Michelle Campbell, who contracted the disease through contact with a relative's work clothes.

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