Reforming mesothelioma claims

Overview

This is a consultation on a package of reforms to the procedures governing mesothelioma claims in England and Wales. 

Mesothelioma is an aggressive and, sadly, terminal occupational disease.  Approximately 2,200 people currently die in England and Wales each year from this terrible condition, with sufferers having a median life expectancy of only 7 to 9 months from diagnosis.  Despite this, around 50% of claims for compensation for mesothelioma take over 12 months to settle, which means that sufferers may die before their claims are paid out.  The proposals in this consultation seek to increase the speed and improve the efficiency of the claims process so that compensation can be paid as soon as possible.

The consultation is aimed at people and organisations with an interest in the mesothelioma claims process in England and Wales. We welcome responses to the questions set out in this consultation paper and any other comments you may have.

Please note:

We may allow a short extension to the closing date but only on a case-by-case basis and where there is sufficient justification for the late response. However any extension must be cleared with us in advance of the consultation closing date.

Results

There were 105 stakeholder responses received to the 'Reforming mesothelioma claims' consultation.  Following careful consideration of these responses, Shailesh Vara MP, Minister for Courts and Legal Aid, issued a Written Ministerial Statement on 4 December 2013 annoucing the Government's decisions following the consultation. 

The Government has decided to apply sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012  (the LASPO reforms) to diffuse mesothelioma cases, as for all other personal injury cases.  We have declined to take forward a dedicated Mesothelioma Pre-Action Protocol supported by a fixed recoverable costs regime and electronic Secure Mesothelioma Claims Gateway as they currently stand on the grounds that there is not a strong enough case that they will meet the Government’s declared aim of ensuring that mesothelioma compensation claims are settled fairly, where necessary, quickly.

This document provides a summary of responses, conclusions and next steps and contains the report under Section 48 of the LASPO Act 2012.

Mesothelioma Claim

What is Mesothelioma? 
  Introduction to Mesothelioma
Types of Mesothelioma
  Pleural Mesothelioma and Peritoneal Mesothelioma
How is Mesothelioma Contracted?
  Causes of Mesothelioma
Workers most at risk from developing Mesothelioma
  Professions where asbestos was commonplace
What is asbestos?
  How asbestos was used
Examples of Mesothelioma Compensation Claims we have dealt with
  Successful Mesothelioma Compensation Claims dealt with by Thompsons
Symptoms of Mesothelioma
  Seeking Medical help
Mesothelioma Compensation Claim Advice
  Thompsons Solicitors and Mesothelioma Claims

What is Mesothelioma?

Introduction to Mesothelioma

Mesothelioma is a type of cancer which is caused by exposure to asbestos and is most commonly contracted due to exposure to asbestos at work.  Mesothelioma is often known by the term 'Meso', a shortened version of the full name.

The name 'Mesothelioma' comes from the fact that the cells affected by this cancer are the mesothelial cells which cover the outer surface of the body's internal organs.  Mesothelioma can be found on the lungs, the heart or the abdomen.

Unfortunately, there is no cure for mesothelioma and after diagnosis victims may only have a short time to live.  It will usually be investigated whether surgery, chemotherapy and radiotherapy would be worthwhile; however, mesothelioma is considered to be a terminal illness.

If you have contracted mesothelioma, you may be entitled to make a mesothelioma claim and should consult a mesothelioma solicitor.

Types of Mesothelioma

Pleural Mesothelioma and Peritoneal Mesothelioma

There are two main types of mesothelioma, called Pleural Mesothelioma and Peritoneal Mesothelioma.

Pleural Mesothelioma

Pleural Mesothelioma is the most common and is caused by inhaling asbestos fibres into the lungs. A tumour forms on the lining (pleura) of the lungs, which makes breathing difficult and painful.  The majority of mesothelioma claims we deal with are for Pleural Mesothelioma.

Peritoneal Mesothelioma

Peritoneal Mesothelioma is less common but is also caused by exposure to asbestos. A tumour then develops on the lining of the abdomen (peritoneum) which prevents it from working properly to lubricate the organs inside the abdomen.  Although Peritoneal Mesothelioma is less common we have still dealt with mesothelioma claims for this disease.

How is Mesothelioma Contracted?

Causes of Mesothelioma

Mesothelioma is caused by breathing in asbestos dust. Mesothelioma affects approximately four times as many men as women. This is because in most cases the exposure to asbestos occurred at work in places such as shipyards, building sites, power stations, railway workshops and other factories where predominantly men were employed decades ago.

Unlike other asbestos related conditions, mesothelioma can develop even after exposure to relatively low levels of asbestos or where the exposure took place over a relatively short period of time.

Many women who have developed mesothelioma have contracted it after contact with the work clothes and overalls belonging to their male relatives although some were directly exposed at work or by living close by to a factory which released asbestos fibres into the surrounding environment.

Workers most at risk from developing Mesothelioma

Professions where asbestos was commonplace

At Thompsons Solicitors, we have helped many victims of asbestos to make mesothelioma claims.  Due to the fact that we have dealt with so many of these mesothelioma claims we have seen a pattern develop showing the workers most at risk from developing mesothelioma and some of these are listed below.

Boilermakers and Laggers - It was commonplace for boilers to be insulated with asbestos lagging. Boilermakers also work alongside the contractors (laggers) who install and renew asbestos boiler insulation. This type of work has put boilermakers and laggers at a particularly high risk of developing mesothelioma.

Electricians - are at risk of developing mesothelioma because they also worked alongside laggers. Electricians also often have to cut or drill through asbestos insulation to install cable trays, instruments, switches and wiring systems.

Joiners and Carpenters and Builders - are also at risk of developing mesothelioma as a result of sawing, drilling and fixing or replacing asbestos cement board often used in partition walls, suspended ceilings, flooring, roof tiles and thermal insulation.

Motor Mechanics - may have been exposed to asbestos as it was frequently used in brake pads and clutches.  This has put some Motor Mechanics at risk of developing mesothelioma.

Pipe Fitters and Plumbers - install, maintain and repair pipes, boilers and heating systems. The nature of their work means that they have to cut or drill through walls as well as cutting and assembling sections of pipe, removing and replacing damaged sections of pipe, valve and flanges etc. All of these tasks put them at risk of developing mesothelioma as pipes frequently used to be covered with asbestos lagging. As the pipes were cut, fibres from the asbestos lagging were released into the air and inhaled by the pipefitter or plumber.

Victims of mesothelioma are certainly not limited to the professions mentioned above. Our specialist mesothelioma solicitors / lawyers have helped victims of this asbestos related disease with their mesothelioma claims who have worked in many other professions including fire fighters, teachers, police officers, managers and a professor.

What is asbestos?

How asbestos was used

Asbestos is a naturally occurring mineral and its name is derived from a Greek word meaning inextinguishable.  It was mined and used by the Ancient Greeks and the Romans then became increasingly popular during the 19th century.

Due to its resistance to heat, electricity and chemical damage, together with its ability to absorb sound, asbestos was commonly used by the building trade as an additive to cement, by the car industry as brake shoes and in the engineering industry as a lagging for pipes and boilers.

Asbestos was used heavily after the Second World War in 1945 and was not completely banned from use in the UK until 1999.

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Examples of Mesothelioma Compensation Claims we have dealt with

Successful Mesothelioma Compensation Claims dealt with by Thompsons

Over the years, Thompsons Solicitors have successfully recovered compensation for many thousands of mesothelioma sufferers and their families.

Below you will find links to a few of some of the most recent mesothelioma claims we have dealt with.

4th March 2014 - Family of deceased engineer receive compensation following asbestos exposure
18th December 2013 - Retired fire-fighter compensated for asbestos cancer
27th November 2013 - Widow appeals for information about husband’s asbestos death
11th November 2013 - Hindley Green neighbourhood asbestos pollution victim compensated
25th September 2013 - Asbestos disease victim compensated by former employers
15th August 2013 - Family of Bristol woman launch appeal for information about her death
17th July 2013 - Family of Aylesford father who died six days after diagnosis appeal for information
12th July 2013 - Family of Tyneside shipyard worker compensated after mesothelioma death
11th July 2013 - Widow’s appeal to husband’s former work colleagues
5th July 2013 - Thompsons Solicitors Industrial disease specialists support Action Mesothelioma Day
13th June 2013 - Close friends of Wonford Hospital worker launch appeal for answers into asbestos death
12th June 2013 - Boiler manufacturer in hot water as ex-employee is diagnosed with fatal cancer
30th May 2013 - Family’s search for fatal cancer victim’s former work colleagues
23rd May 2013 - Plumber compensated for cancer by three former employers
22nd May 2013 - Mesothelioma Bill: no act of benevolence, says Northern TUC Asbestos Support and Campaign Group
17th May 2013 - Mesothelioma Bill no act of benevolence
10th May 2013 - Daughter of asbestos victim seeks answers into premature death
2nd May 2013 - Family call for information to help explain asbestos death

We also often receive letters of thanks from clients we have helped with mesothelioma claims or their families.  Extracts from just a couple of these letters received recently are below:

Kept fully informed at every step of the procedure - Sent to Lorna Webster

 "Having recently had my compensation claim settled and concluded by Thompsons Solicitors and in particular Lorna Webster and her team, I wish to complement them on their efficiency and professionalism.  From the very first meeting with Lorna Webster to the last I have been kept fully informed at every step of the procedure, all my queries answered and every avenue examined. I cannot praise enough the total professionalism and compassion shown by Lorna Webster in dealing with my claim and of her vast knowledge and experience in the field of asbestos."

We were truly blessed to have you working on our father's case - Sent to Joanne Candlish

"How can we begin to thank you for all you have done?  Not only have you had to work through a mountain of paperwork, attend numerous meetings and endless court appearances, you have also found the time to support me and consider my personal beliefs.  You have listened to me and never judged.  It takes someone with extra special qualities to do what you did on our behalf and I'm sure Thompsons Solicitors are extremely proud to have you on their side.  We were truly blessed to have you working on our father's case.  As you know, my father had his own words to express his thanks.  This is what he would have said to you and meant it "Much Obliged, Thank You and God Bless You". 

If you are considering making a claim for mesothelioma compensation, contact us for expert and confidential legal advice.  You can reach us on 08000 224 224 or by completing one of our online personal injury compensation claim forms.

Symptoms of Mesothelioma

Seeking Medical help

Mesothelioma can develop between 15 and 40 years or more after an exposure to asbestos.  If you have been exposed to asbestos in the past and you start to suffer from any of the following symptoms you should visit your GP and mention your concerns:

• Pains in the lower back, abdomen or chest
• A persistent cough
• Breathing difficulties, shortness of breath or a feeling of tightness in the chest
• Rapid weight loss
• Problems with appetite or difficulty swallowing
• Sweating, fevers, diarrhoea or constipation
• Nausea or vomiting
• Swelling of the abdomen

Some people with mesothelioma have no symptoms at all in the early stages; therefore, if you know that you have been exposed to asbestos in the past and believe it may be the cause of your symptoms, it is always a good idea to visit a doctor for medical advice. Any damage caused by asbestos may be possible to detect with a scan or x-ray.

For more information about mesothelioma, read our mesothelioma leaflet.

Thompsons Solicitors have also written an information page with advice for people who have recently been exposed to asbestos but have not been diagnosed with a related illness. 

Mesothelioma Compensation Claim Advice

Thompsons Solicitors and Mesothelioma Claims

If you or someone you know has developed mesothelioma or any other asbestos related disease, telephone us now for accurate and expert compensation claim advice.

Thompsons Solicitors have a history of fighting for the rights of all workers and in particular for those who have been negligently exposed to asbestos by their employers.  We won the first ever successful compensation claim in the UK for asbestos related disease in 1972. We have been involved in numerous campaigns to ensure that victims of asbestos receive the medical care and compensation they are entitled to.

When a person with mesothelioma, or their family, claims compensation a claim can also be
made for the cost of the care provided by the hospice. Read how mesothelioma patients could help the hospice. Click on the following link to view as a PDF.

There are strict time limits in place to make any injury claim.  For further information, contact us or visit our Questions Answered page.

Thompsons Solicitors are experts in all personal injury matters and have teams of specialist mesothelioma solicitors / lawyers. We will be able to advise you whether or not you have a valid claim for mesothelioma compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.

Mesothelial cells

Contents  [hide]  1 Introduction 2 Mesothelial cellular proliferation 2.1 Inflammatory response 2.2 Neoplasm 3 References

Introduction

Mesothelial cells are a specialised type of epithelium which make up the mesothelium which lines all serosal surfaces.

They have microvilli on their luminal surface and the proteins and serosal fluid trapped by these provide a frictionless surface for internal organs to slide past one another. Their high fibrinolytic activity protects against the formation of adhesions.

They are very fragile cells which are frequently seen in smears following centesis or pleural cavities. However they regenerate very quickly.

Mesothelial cellular proliferation

Inflammatory response

Mesothelial cells may proliferate in response to irritation or an inflammatory disease at the mucosal surface. This may be due to fluid-accumulation in the peritoneal cavity following an effusion or due to a space-occupying mass like a tumour or intestinal enlargement.

Cytologically, these cells have typical morphological features of round, mononuclear to binuclear cells present individually or in small cohesive clusters.

Marked mesothelial cellular hyperplasia may have marked cellular pleomorphism and multiple strong nuclear criteria for malignancy. It may be impossible to distinguish reactive mesothelial cells from a neoplastic process. This is why the mesothelial cell population should always be considered in relation to the other types of cell in the sample. If the process is predominantly inflammatory, criteria for malignancy may be tolerated. However if the inflammation is minor and there are many mesothelial cells, one should strongly consider a malignant process.

Ancillary diagnostics such as imaging and biopsy of the lesion should always be considered.

Neoplasm

Mesotheliomas are malignant neoplasms which can arise from the pericardial, thoracic or abdominal pleural surfaces in all domestic animals.

References

Morrison, W. (2002) Cancer in dogs and cats Teton NewMedia

Meuten, D. (2002) Tumors in domestic animals Wiley-Blackwell

Slatter, D. (2002) Textbook of small animal surgery Elsevier Health Sciences

Human Mesothelial Cells

Mesothelial cells play pivotal roles in ovarian cancer metastasis, peritoneal dialysis, surgical adhesions, inflammatory response, and metabolic disease. These specialized epithelial cells form a single cell layer with a critical barrier function and provide a frictionless surface for organs and tissue to move without damage. We isolate peritoneal mesothelial cells from omental tissue biopsies with minimal propagation. Mesothelial cells are available either cryopreserved or in culture. Ready to use medium is also available for use with our mesothelial cells.   Human mesothelial cells in culture Ordering Information: Human Cryopreserved Mesothelial Cells Item BMI Cat # Price Cryopreserved Human Adult Mesothelial Cells, 1 million cells/vial Varies MES-F $459.00 Cryopreserved Human Adult Mesothelial Cells, SUPERLOT, 1 million cells/vial Varies MES-F-SL $459.00 Cryopreserved Human Adult Mesothelial Cells, DIABETIC Donor, 1 million cells/vial Varies DMES-F $894.00 Mesothelial Cell Growth Medium 500 ml MSO-1 $102.00 Mesothelial Cell Basal Medium 500 ml MSB-1 $83.00 Mesothelial Cell Freeze Medium 100 ml MCM-100 $139.00 ** ZenBio is currently looking for research partners to further develop specific projects involving our Mesothelial Cells. For a confidential discussion, please Contact Us Human Adult Mesothelial Care Manual Contact Us For More Information. A comprehensive list of products and prices can be found at Retail Prices(.PDF). Recent Publications: View .PDF Overexpression of SOCS3 exhibits preclinical antitumor activity against malignant pleural mesothelioma. Iwahori, K., Serada, S., Fujimoto, M., Nomura, S., Osaki, T., Lee, C. M., Mizuguchi, H., Takahashi, T., Ripley, B., Okumura, M., Kawase, I., Kishimoto, T. and Naka, T. (2011), International Journal of Cancer, 129: n/a. doi: 10.1002/ijc.25716 Complete regression of human malignant mesothelioma xenografts following local injection of midkine promoter-driven oncolytic adenovirus. Kubo, S., Kawasaki, Y., Yamaoka, N., Tagawa, M., Kasahara, N., Terada, N. and Okamura, H. (2010), The Journal of Gene Medicine, 12: 681-692. doi: 10.1002/jgm.1486.

Mesothelial cells defintion,structure and functioning

Mesothelial cells are a monolayer of specialized cells which are lined within the body’s internal organs and serous cavities. Initially, this layer was thought to be a simple tissue that had the role of providing a protective surface that facilitated movement. However with the accumulation of information over the years, these cells which make up the mesothelium tissue are now recognized as part of a dynamic cellular membrane with multiple functions.

 The main function of the mesothelium tissue is to provide a non-adhesive, protective and slippery surface. The cells therefore function as sentinel cells which sense and respond to different signals within the microenvironment. When stimulated, they secrete glycosaminoglycan’s fluids which allow the visceral serosa and parietal membranes to slide over each other.

The cells transport fluids and food substances between the serosal cavities and across the serosal membranes. In response to different mediators, they also respond to external signals, this plays an important role in the regulation of immune, inflammatory and tissue repair responses.

The mesothelium cells is different from other epithelial surfaces since healing appears diversely across the shed surface, while in the true epithelial surface, healing would occur only at the sheet of cells and within the wound edges forming up as sheet of cells. Recent studies of the cells have also led to more understanding of the cell functions e.g. the mesothelial regeneration.

Injury of the mesothelium tissue triggers several events that lead to migration of mesothelial cells. The cells move from the lesion edge to the wound center, within the wound center, the cells then move to the serosal fluid that attaches and icorporates regeneration of the new mesothelium. If healing is compromised, adhesions of fibrous serosal form between the body organs and the body wall, this hinders important abdominal movement. Further neoplastic transformation of the mesothelial cells will give rise to an aggressive tumour known as malignant mesothelioma. This tumour is also closely associated with asbestos but recent studies have shown other factors such as simian virus.

Mesothielial cell

Abstract

Mesothelial cells form a monolayer of specialised pavement-like cells that line the body’s serous cavities and internal organs. The primary function of this layer, termed the mesothelium, is to provide a slippery, non-adhesive and protective surface. However, mesothelial cells play other pivotal roles involving transport of fluid and cells across the serosal cavities, antigen presentation, inflammation and tissue repair, coagulation and fibrinolysis and tumour cell adhesion. Injury to the mesothelium triggers events leading to the migration of mesothelial cells from the edge of the lesion towards the wound centre and desquamation of cells into the serosal fluid which attach and incorporate into the regenerating mesothelium. If healing is impaired, fibrous serosal adhesions form between organs and the body wall which impede vital intrathoracic and abdominal movement. Neoplastic transformation of mesothelial cells gives rise to malignant mesothelioma, an aggressive tumour predominantly of the pleura. Although closely associated with exposure to asbestos, recent studies have implicated other factors including simian virus 40 (SV40) in its pathogenesis.
Cell facts

1.

Mesothelial cells are derived from the mesoderm but express both mesenchymal and epithelial cell intermediate filaments.

2.

Mesothelial cells form a monolayer (mesothelium) lining the serosal cavities (pleural, pericardial and peritoneal) and the organs contained within these cavities.

3.

The mesothelium is a slowly renewing tissue with 0.16–0.5% of cells undergoing mitosis at any one time.

4.

The primary function of the mesothelium is as a protective non-adhesive surface but it is also involved in transport of solutes and cells across serosal cavities, antigen presentation, inflammation and tissue repair, coagulation and fibrinolysis and tumour cell adhesion.

5.

Mesothelial regeneration involves migration of cells from the wound edge and attachment and incorporation of free-floating mesothelial cells from the serosal fluid onto the wound surface.

6.

Impaired healing and cell transformation lead to the formation of serosal adhesions and malignant mesothelioma, respectively.

Keywords

• Serosa; 
• Inflammation; 
• Tissue repair; 
• Fibrinolysis; 
• Adhesions; 
• Malignant mesothelioma

Mesothelial cells: their structure, function and role in serosal repair.

The mesothelium is composed of an extensive monolayer of specialized cells (mesothelial cells) that line the body's serous cavities and internal organs. Traditionally, this layer was thought to be a simple tissue with the sole function of providing a slippery, non-adhesive and protective surface to facilitate intracoelomic movement. However, with the gradual accumulation of information about serosal tissues over the years, the mesothelium is now recognized as a dynamic cellular membrane with many important functions. These include transport and movement of fluid and particulate matter across the serosal cavities, leucocyte migration in response to inflammatory mediators, synthesis of pro-inflammatory cytokines, growth factors and extracellular matrix proteins to aid in serosal repair, release of factors to promote both the deposition and clearance of fibrin, and antigen presentation. Furthermore, the secretion of molecules, such as glycosaminoglycans and lubricants, not only protects tissues from abrasion, but also from infection and possibly tumour dissemination. Mesothelium is also unlike other epithelial-like surfaces because healing appears diffusely across the denuded surface, whereas in true epithelia, healing occurs solely at the wound edges as sheets of cells. Although controversial, recent studies have begun to shed light on the mechanisms involved in mesothelial regeneration. In the present review, the current understanding of the structure and function of the mesothelium and the biology of mesothelial cells is discussed, together with recent insights into the mechanisms regulating its repair.