It has been a tragic feature of the lives of thousands of people that during their working lives they have been exposed to asbestos and as a consequence contracted malignant mesothelioma. Although links between mesothelioma and smoking are still the subject of medical consideration, at present inhaling or ingesting asbestos fibres is the single known cause of the disease.
What is Asbestos and Where Was it Used?
Asbestos is the name of a group of minerals that occur naturally as masses of strong, flexible fibers that can be separated into thin threads and woven. Asbestos was widely used in industry during the 20th century to produce, among other things, cement, brake linings, roof shingles, flooring products, textiles, external wall cladding and insulation.
It was also used in shipyards, refineries, power plants and steel plants. Workers in those industries were exposed to asbestos, often taking the fibres home on their working clothes and exposing their families to risk.
What is Malignant Mesothelioma?
The Mayo Clinic defines malignant mesothelioma as "a rare cancer that occurs in the thin layer of tissue that covers the majority of a person's internal organs (mesothelium). Doctors divide mesothelioma into different types based on what part of the mesothelium is affected. Mesothelioma most often affects the tissue that surrounds the lungs (pleura). This type is called pleural malignant mesothelioma. Other, rarer types of mesothelioma affect tissue in the abdomen, around the heart and around the testicles."
Mesothelioma.com, the Authority on Mesothelioma and Asbestos Cancer, says pleural mesothelioma accounts for roughly 70% of cases. Peritoneal mesothelioma occurs in the lining of the abdominal cavity, known as the peritoneum, while pericardial mesothelioma originates in the pericardium, which lines the heart.
The Mayo Clinic says, "Mesothelioma is an aggressive and deadly form of cancer. Mesothelioma treatments are available, but for many people with mesothelioma, a cure is not possible. Instead, treatment for mesothelioma is often focused on keeping you as comfortable as possible."
Development of Mesothelioma and Symptoms
Mesothelioma takes many years to develop. The U.S. Cancer Institute says, "Symptoms of mesothelioma may not appear until 30 to 50 years after exposure to asbestos. " But an English woman of 44 was diagnosed with the disease in 2008.
The Herald Sun newspaper reported, "Debra Edwards, 44, is one of the youngest people in Britain to have mesothelioma." Although she has not worked in an asbestos environment herself, Mrs Edwards' grandfather worked at the Devonport Dockyard. She may have contracted the disease from contact with her grandfather.
The U.S. National Cancer Institute advise symptoms of the most common form of the disease, pleural mesothelioma are "Shortness of breath and pain in the chest due to an accumulation of fluid in the pleura (the tissue around the lungs)."
Asbestos Management in the 21st Century
The UK Health and Safety Executive, a UK government authority advises, "If you work in any of the following occupations, and are working on a building built or refurbished before 2000, you may come in to contact with asbestos and should take precautions:
- Heating and ventilation engineers
- Demolition workers
- Carpenters and joiners
- Plumbers
- Roofing contractors
- Painters and decorators
- Plasterers
- Construction workers
- Fire and burglar alarm installers
- Shop fitters
- Gas fitters
- Computer installers
- General maintenance staff eg caretakers
- Telecommunications engineers
- Building surveyors
- Cable layers
If you have any concerns about asbestos exposure or management at work or at home you should seek appropriate professional advice.
Malignant Mesothelioma Litigation and Class Actions
Because of the widespread incidence of mesothelioma in workers, litigation arising from asbestos exposure has become big business. In Australia the class action litigation brought against James Hardie Industries on behalf of asbestos victims resulted in the establishment of a compensation fund for present victims and workers who develop the disease in the future as a result of prior exposure.
In the U.S. asbestos litigation is reported to be a billion dollar business where class actions have been brought against employers who allegedly exposed workers to the risk of asbestos fibres. Given the tragic consequences of asbestos exposure and the high costs to workers and their families of medical care for mesothelioma, consideration of litigation and seeking compensation has seen many cases come to court and be successfully prosecuted.
Toni Bartush - Toni Bartush was a Barrister at the New South Wales Bar and a Solicitor in private practice, specialising in civil litigation. She was a ...
