Latest News

Positive result for mesothelioma claimants in Bussey v Anglia Heating Ltd

We are delighted to read that the Bussey’s appeal has been allowed and that the Judges rejected Technical Data Note 13 as the test in determining the applicable levels of asbestos exposure in mesothelioma cases. 

David Bussey was a plumber. He was exposed to asbestos during two periods of employment so there was more than one defendant to the claim. The claim against Avery Way Electronics Limited settled for £150,000 and the case continued against the remaining defendant, Anglia Heating Limited, with whom he was employed from about 1965 to 1968. During that time he handled and cut asbestos cement pipes (with a hacksaw), swept up asbestos and used asbestos rope for caulking joints. 

When the case first came to trial, the judge ruled that his asbestos exposure fell below the levels set out in Technical Data Note 13 (TDN13). TDN13 was a document issued by HM Factory Inspectorate in March 1970. This stated that criminal liability would not be incurred where the concentration of asbestos dust in the workplace was kept below certain specified limits.

In the case of Williams –v- University of Birmingham [2001] EWCA CIV 12 42, it was held that a claim could not succeed if the exposure was below the levels in TDN13. This made it far more difficult to succeed in obtaining justice for injured victims in low level asbestos mesothelioma cases. The judge in Williams laid down a binding proposition that employers were entitled to regard exposure at levels below those identified in TDN13 as safe, resulting in TDN13 being used as a guide as to what were acceptable and unacceptable levels of exposure in 1974. 

However, the Court of Appeal judgment in Bussey rejects the proposition that employers were entitled to regard exposure levels below those specified in TDN13 as being safe. Lord Justice Jackson says in the judgment that: “TDN13 sets out the exposure levels which, after May 1970, would trigger a prosecution by the Factory Inspectorate. That is a relevant consideration. It is not determinative of every case”. 

The decision in Bussey means that while TDN13 is a guide, it is not the benchmark for asbestos exposure and TDN13 does not establish a safe limit for exposure to asbestos. 

We are delighted that the often-quoted benchmark of TDN13 has now been overturned. 

The case has been sent back to the trial judge for him to re-determine the issue of liability and we are now awaiting that decision.

If you or a family member has been diagnosed with mesothelioma or any other asbestos related disease, we may be able to help. Contact us on 0800 884 0718 or email IDClaims@boyesturner.com for a free initial discussion.

 

Education Bursary - Alison Bain's story

As specialists in mesothelioma and other asbestos-related disease claims, Boyes Turner appreciate the valuable work carried out by the lung cancer nurses who support and care for victims of asbestos exposure during their hospital treatment and palliative care. 

In recognition of the value of their work, the importance of ongoing education and research into asbestos disease and the significant costs involved in updating their knowledge and skills, Boyes Turner offer sponsorship to nurses involved in thoracic oncology via an educational bursary. The bursary is awarded selectively, on application, to a limited number of nurses each year at Boyes Turner’s discretion.

Alison Bain, Lead Clinic Nurse Specialist at Royal Stoke University Hospital, reviews her experience after receiving sponsorship to attend the 2017 Annual Conference of the National Lung Cancer Forum for Nurses (NLCFN).

“The National Lung Cancer Forum for Nurses Annual Conference provides a tremendous opportunity for pollination of new ideas, innovations, learning from past experiences and is an invaluable resource to all that attend.

This year’s conference was fantastic, so I am truly grateful to Boyes Turner LLP for providing funding; without this, I certainly would not have been able to go.

The programme delivered an excellent range of patient centred topics, covering interesting facts, strategic development and interventions. On a personal level, conference highlights included the interactive sessions, debate and Symposium sessions.

Drew Povey was an exceptional motivational speaker; his delivery on leadership and ‘Making THE Difference’ was fantastic and an inspiration to all of us. This was a session not to be missed and something that will be etched on the minds of members for many years to come!

The interactive session on tobacco addiction, with our role, as frontline CNSs, playing a key role in tackling this problem, was entertaining to say the least and stimulated competition within the groups. Likewise, the debate for the right to a HNA was extremely witty, well delivered but also challenged personal opinions and provided an opportunity for reflection.

Consideration for future workforce planning and establishing competencies required for the next generation of Nurse Specialist, debate around the necessity to adapt to the ever-changing environment and push for succession planning strategies as budgets tighten, stimulated many discussions about CNS personal and academic development. Group work created an initial draft of bullet points which were considered to be essential in the validation of lung cancer specific competencies. Other broader issues gave ‘food for thought’ on sustainable and viable working practices, the need to adapt and be creative and how to implement an accelerated diagnostic pathway.

New developments, research and treatment considerations for mesothelioma and NSCLC third generation agents, poster presentations and the general presence of sponsored stands ensured that the event catered for all needs.

A truly enjoyable event, thank you.”

Alison Bain, Lead Clinic Nurse Specialist, Royal Stoke University Hospital

To learn more about our Education Bursary and how you can get involved please contact bursaries@boyesturner.com.

 

Cervical Cancer Prevention Week - RCOG call for increased screening uptake

During Cervical Cancer Prevention Week, Boyes Turner welcome the FSRH (Faculty of Sexual & Reproductive Healthcare of the Royal College of Obstetricians & Gynaecologists) and RCOG’s call for urgent action to increase cervical screening attendance rates.

If you’ve been following Jo’s Trust’s campaign #SmearForSmear you’ll already know the importance and the benefits of regular cervical screening in reducing your risk of cancer. However, NHS Digital have reported that attendance for free, NHS cervical screening during NHS Cervical Screening Programme 2016-17 was at its lowest in 20 years. Whilst increasing numbers of women are being invited for screening, the uptake in the highest risk age group of 25 to 49-year-olds was only 69.6%.

Suggested reasons for the low attendance rate include local authority budget-driven cuts reducing the number of local settings in which cervical screening is offered, such as SRH clinics. Meanwhile, overburdened GPs are missing opportunities to catch those who have missed out by offering opportunistic appointments for screening at their surgeries.

These additional barriers are simply compounding the problem already encountered with existing barriers (such as fear, lack of awareness) which charities like Jo’s Trust are working so hard to overcome, making it more important than ever to raise awareness of the life-saving benefits of attending your appointment and having your smear.

Early detection of abnormal cells is the key to the avoidance of cervical cancer, along with HPV vaccination among pre-teen and teenage girls.

When left undetected and untreated, cervical cancer not only causes death, but leaves its survivors with lifelong physical, emotional and psychological injury.

Join us and Jo’s Trust, this Cervical Cancer Prevention Week, in urging female friends and family to #ReduceYourRisk and join us in promoting cervical cancer prevention by posting your lipstick #SmearForSmear selfie. For details on how to get involved, click here.

Should cohabitees receive bereavement damages

This was a question recently faced by the Court of Appeal after Ms Jakki Smith took the Secretary of State for Justice to Court for breaching her human rights.

Who can claim bereavement damages?

The Fatal Accidents Act 1976 gives rise to the right to claim bereavement damages. The Act allows the wife, husband or civil partner of the deceased to claim damages for their bereavement. Payment is also made to the parents of the deceased where the deceased was a minor. The current payment for bereavement damages is £12,980. At the time that Ms Smith’s partner, John Bulloch, died it was £11,800 and this was the amount she was seeking.

Does a cohabitee get anything?

Unlike the payment for bereavement damages, which a cohabitee is not entitled to claim under the Act, a cohabitee can claim for a financial dependency on the deceased. This claim is possible where the deceased and his partner have been cohabiting for at least 2 years before the death and have been cohabiting as husband and wife.

What was Ms Smith’s case?

Ms Smith argued that by excluding her from those people entitled to claim bereavement damages the Government was breaching her Human Rights. The Court of Appeal agreed with Ms Smith and found that section 1A of the Fatal Accidents Act 1976 was incompatible with Article 14 in conjunction with Article 8 of the European Convention on Human Rights.

Unfortunately, although Ms Smith’s case will set a precedent for other unmarried cohabiting partners to seek bereavement damages, she will not benefit from the decision. This is because although the Secretary of State was acting in a way which was incompatible with Ms Smith’s convention rights, they could not have acted differently due to the provision of the Fatal Accidents Act which does not allow cohabitees to claim bereavement damages.  

How does this affect mesothelioma and asbestos claims?

In giving his judgment Sir Terence Etherton MR commented on the declining “popularity of the institution of marriage and the increase in the number of cohabiting couples”. According to the Office of National Statistics in a report on “Families and Households” in 2015, “cohabiting couples continues to be the fastest growing family type in the UK, reaching 3.2 million cohabiting families”.

This decision can be used as a precedent to persuade defendants that bereavement damages should be paid to cohabitees in line with financial dependency claims under the Fatal Accidents Act 1976. 

Bereavement damages frequently form a part of mesothelioma and asbestos claims and therefore this is a decision which will benefit a number of our clients. However, the Fatal Accidents Act 1976 has not yet changed to allow a statutory entitlement to bereavement damages for cohabitees and we look forward to seeing a change to the Fatal Accidents Act 1976 in the near future.
 

Do you know about Young Carers Day?

Across the world thousands of people are reliant upon others for care and assistance in order to get through the day.  The level of care required can range from simple assistance with fetching items through to more complex nursing and personal care needs, such as assisting with washing and dressing, feeding and toileting. 

For those without the benefit of a compensation award for professional care costs, the role of carer is often taken on by a young family member, such as a child, grandchild or a younger sibling. The young carer’s role can be physically and emotionally draining, can limit their social lives and impact on their studies. 

It is estimated that there are approximately 700,000 young carers in the UK. 

To recognise the amazing efforts young carers go to when supporting their loved ones, a national Young Carers Awareness Day is held each year.  This year the event falls on 25 January 2018. The purpose of the event is to raise awareness for young carers and their valuable work, to raise funds to assist them and to ensure professional support is in place to meet their own needs which can become neglected whilst they look after the needs of others. 

Boyes Turner’s personal injury team supports the aims of Young Carers Awareness Day. We recognise the extent to which our seriously injured clients are often dependent on young carers for assistance with everyday living following an accident, providing emotional support and facilitating their rehabilitation.  Where the injury was the result of negligence on the road, in the workplace, at school or in hospital we can help families with the financial hardship and emotional strain of caring for a loved one after amputation, spinal injury, brain damage or other serious injury by recovering the costs of professional or family care, hoists, wheelchairs, specialist beds and other equipment, adapted housing to facilitate integrated family life for the injured person, and much-needed respite for the carers. 

Boyes Turner’s specialist injury lawyers have extensive experience in working with case managers and therapists in conjunction with the family, to ensure that the injured person’s needs are properly met, with the right combination of family and professional support to maximise the injured person’s rehabilitation, independence and quality of life with the support, but not to the detriment, of the family carers.  

If you or someone you know is a young carer and would like some advice or support please visit the Carers Trust website here

This website also has lots of useful information about Young Carers Awareness Day and how you can get involved. 
 

Cervical Cancer Prevention Week - Reducing the Risk of HPV

During Cervical Cancer Prevention Week Boyes Turner are supporting cervical cancer charity, Jo’s Trust, in raising awareness about cervical cancer. The theme of this year’s prevention week is “Reduce Your Risk”, and that of those you care for, by understanding how this devastating condition can be recognised, treated and prevented. 

We now know that the vast majority of cervical cancer cases are caused by HPV, or the human papilloma virus, an infection passed on by any form of sexual contact. So, let’s be clear about a few facts at the outset:

  • 80% of people will be infected with a genital HPV infection at some time in their lives.
  • Your first or only sexual contact with anyone at all can put you at risk.
  • HPV infection does not imply sexual promiscuity or infidelity.

The problem with HPV is that, whilst it is very common, it is a symptomless infection. It can go undetected in the body for many years. Some people’s strong immune systems enable them to clear themselves naturally of HPV. It is not known why some people’s bodies can and others’ can’t. In those who clear the infection, it can take about 12 to 18 months. Smoking is also known to inhibit the body’s ability to clear itself of HPV. When most people with HPV are unaware that they have been infected, it is not surprising that the infection is so widespread. It should be noted that merely having HPV does not in itself warrant treatment, but the silent yet prevalent existence of the infection makes screening for cervical cancer all the more important.

Most forms of HPV are harmless but some high-risk strains can cause changes in the cells of the cervix which, if undetected and treated, will ultimately lead to cervical cancer. If a smear test reveals abnormal cells and high-risk HPV you may be recalled for further examination.

Jo’s Trust estimates that 70% of cervical cancers are caused by just two high-risk types of HPV, both of which can now be prevented (in people who have not previously been infected) by HPV vaccinations which are currently available to girls on the NHS. In 2008 the NHS introduced free, routine HPV immunisation for girls aged 12 to 13, in the hope of protecting them from HPV before they become sexually active. Offered in schools but also available through GP surgeries, the vaccines are over 98% effective in preventing cervical abnormalities associated with the two high-risk HPV strains in women who have the full dose, and in preventing infection with new strains or reinfection of a cleared HPV. They are not effective where the person is already infected with HPV, which is why the NHS is offering immunisation to girls at such a young age.

With research indicating that the HPV vaccine could prevent two thirds of cervical cancers in women under the age of 30 by 2025, assuming 80% take-up of the vaccination, which is now being consistently achieved, there is good reason for optimism that we will succeed in overcoming this devastating condition.

Join us and Jo’s Trust, this Cervical Cancer Prevention Week, in urging female friends and family to #ReduceYourRisk and join us in promoting cervical cancer prevention by posting your lipstick #SmearForSmear selfie. For details on how to get involved, click here.

Cervical Cancer Prevention Week 2018 - Join us in supporting Jo's Trust's awareness campaign #SmearForSmear

From 22nd to 28th January Boyes Turner will be joining cervical cancer charity, Jo’s Trust, in urging women to #ReduceYourRisk - the theme of this year’s Cervical Cancer Prevention Week campaign - support the campaign by sharing your #SmearForSmear lipstick selfies to raise awareness.   

Cervical cancer is the most common cancer in women under 35, with 3,000 new cases diagnosed and 800 deaths from the disease in the UK each year. That’s two women dying each day from a disease that could be prevented in 75% of cases by cervical screening that is routinely available on the NHS for free.

A smear test only takes a few minutes once every three years for women aged 25 to 49 who, by virtue of their age, are most likely to develop cervical cancer, and every five years for women of 50 to 64. For women over 65, routine screening is only available to those who have had abnormal previous tests or who haven’t undergone screening from the age of 50. Every woman who is registered with a GP should be invited for screening. Yet the NHS reports that more than 1.2 million women could be risking their lives by not having a smear test, as attendance for cervical screening has dropped in the last year, leaving test rates the lowest that they have been for two decades.

Whilst the smear test only takes minutes, the impact of cervical cancer can last a lifetime - leaving partners and children bereaved and its treated survivors devastated by side-effects, such as infertility, premature menopause, impaired bowel and urinary function, painful sexual intercourse, fear of recurrence, pain and psychological damage.

Join us and Jo’s Trust, this Cervical Cancer Prevention Week, in urging female friends and family to #ReduceYourRisk and join us in promoting cervical cancer prevention by posting your lipstick #SmearForSmear selfie. For details on how to get involved, click here.

60 seconds with a medical negligence lawyer

Over the following year we will be sharing a series of question and answer articles about our day-to-day lives in the medical negligence team. This week, it’s Rachel Carey's turn, a solicitor in the team.

Rachel qualified in April 2016 and joined the Clinical Negligence team at Boyes Turner in November 2016. Rachel’s clients have suffered obstetric and gynaecological injuries, Erb’s palsy, pressure sores, disability resulting from delayed diagnosis and treatment of cancer. She acts for the bereaved spouses and children of patients who have died as a result of negligent medical care.

  • What made you choose a career in clinical negligence?
    The driving force behind my decision to study law and specialise in claimant clinical negligence work was my desire to help David, rather than Goliath. I have a keen interest in medicine and enjoy using my skills and expertise to help our clients get back on their feet or live a more fulfilling and stress free life following a medical accident. I find it incredibly satisfying to be in a position which allows me to guide clients through the legal process which I know many will find daunting and overwhelming.
     
  • Which personal skills does it take to succeed at this type of work? 
    It is really important for a clinical negligence solicitor to have empathy, be able to show understanding and have the ability to remain calm in stressful situations. As the majority of the medical accidents we deal with cause life changing injuries which devastating consequences to our clients and their families, I ensure that I always bear that in mind and treat them sensitively and patiently.
     
  • What is the most rewarding part of your work? 
    I recently met with a young client’s Mum on a case where the hospital had admitted liability. She told me how relieved she was to know that, as a result of the compensation, her son, who has cerebral palsy, would be looked after and taken care of for the rest of his life when her and her husband were no longer able to. She was excited to be able to move into a more appropriately sized and adapted home which could cater for her son’s needs. I could see how much that meant to her and to know that the work I had been a part of had helped was incredibly rewarding and made me realise even more how important the work we do is for people.

Is there a link between Idiopathic Pulmonary Fibrosis and Asbestos?

Asbestos-related disease deaths

The Health and Safety Executive predicts that the number of deaths from mesothelioma will peak in or around 2020. This is based upon the amount of asbestos imported into the UK and the widespread, industrial use of asbestos, particularly between 1950 to 1980.

The expectation is that as asbestos use declined, exposure to asbestos dust would also have declined and therefore the number of deaths is expected to drop accordingly.

Most diseases caused by exposure to asbestos have long latency periods of typically between 20 and 50 years, which is why there is such a long time between the reduction in the use of asbestos and the predicted peak in asbestos-related mortality.

What is IPF? 

Idiopathic pulmonary fibrosis (IPF) is an irreversible lung disease which results in breathlessness which will worsen over time. ‘Pulmonary fibrosis’ is used to describe the scarring of the lung tissue which causes the shortness of breath. The designation ‘idiopathic’ is given when the cause of the lung fibrosis is unknown.

Who does IPF affect?

Mortality due to IPF in the UK continues to rise and accounts for approximately 5000 deaths per year. In 2012 about 32,500 people were diagnosed with IPF in the UK, with a high incidence in Northern Ireland, North West Scotland, Scotland and Wales. The risk and incidence of IPF increases significantly with age, so IPF is diagnosed more frequently in those over 40. 

How is it distinct from asbestosis?

Whilst IPF shares many of the same characteristics as asbestosis, one of the most important distinctions is that a claim for compensation cannot be made for IPF, but a claim can be made for asbestosis. 

Why is IPF on the increase?

There appears to be no reason for the rising incidence of IPF in the UK. IPF has been linked with occupations such as metal and woodworkers, textile or stone exposure or from cattle or farming exposure. Infection from particular viruses might be another cause. 

Can IPF be linked with asbestos exposure?

A recent study compared the number of deaths of mesothelioma, asbestosis and IPF with the level of asbestos imported for the relevant latency period. The number of male deaths due to IPF and mesothelioma for each year was very similar.

The number of female deaths due to IPF and mesothelioma also increased. The number of female deaths due to IPF was consistently higher than those due to mesothelioma.

However, the number of asbestosis deaths was lower for males and did not increase for females. 

What does this all mean?

The results of the study showed that the rising number of asbestos deaths and historic asbestos importation was connected.  The number of deaths due to IPF was also significantly related to previous asbestos imports. 

Although the study cannot conclude that IPF is caused by exposure to asbestos, it does raise interesting questions as to whether IPF is in fact due to unrecognised asbestos exposure.

Until clinical evidence is identified which links IPF with asbestos exposure, clinicians will be reliant upon patients providing clear evidence of their asbestos exposure when assessing whether or not pulmonary fibrosis could be asbestosis. If the patient cannot provide detailed evidence of exposure to asbestos dust, then it is highly likely that they will be diagnosed with IPF. 

When is it asbestosis?

In order to prove a claim for asbestosis, the history of asbestos exposure needs to be moderate to heavy for many years, together with clinical evidence of asbestosis.

An asbestosis claim can be proven where there is an occupational history of one year with heavy exposure to asbestos or five to 10 years of moderate exposure to asbestos. As a general rule the greater the level of exposure, the greater the extent of the asbestosis.

The importance of pursuing a personal injury claim

Personal injury victims often ask whether it is worthwhile for them to pursue a legal claim following an accident. Personal injury victims can be cautious about claiming for various reasons, such as:

  • They are scared they may lose their job because their accident occurred in the workplace
  • They are unsure of whether they were owed a legal duty of care
  • They do not think they will be able to prove who was at fault
  • They do not believe they will gain much from pursuing a claim
  • They believe the claims process is difficult, timely and expensive.

In this article the reasons for and benefits of pursuing a claim for personal injuries are explained.

Responsibility

There are various circumstances in which personal injuries are suffered as a result of the negligence of another person or entity. As personal injury solicitors, we tend to see cases that arise from:

  • Ignorance of the law
  • Failing to keep abreast with health and safety requirements
  • Failing to provide personal protective equipment to employees such as gloves or safety boots simply to save money
  • Failing to educate and train employees on safe working practices
  • Failing to implement safe working practices within the work force
  • Failing to maintain premises in a good state of repair for the benefit of employees or visitors to the workplace
  • Poor maintenance of public highways
  • Poor maintenance of equipment or machinery.

In these cases the negligent party has either ignored the law or acted in a negligent manner, usually in an attempt to save time and money at the cost of the injured person’s health.

The law places a responsibility on:

  • Employers to protect employees in the workplace
  • The owners and operators of public places, such as supermarkets, to ensure visitors are safe when visiting the premises
  • Local authorities to ensure highways and public places are well maintained and are safe to use
  • Medical experts and medical treatment providers to ensure that people are treated according to reasonable standards
  • Main contractors to protect sub-contracted employees.

If these responsibilities are breached then the person or entity has broken the law and should be held to account for their wrong-doings.

Why is it so important to pursue a claim? 

Justice

Morally, the most important reason for pursuing a legal claim is to achieve justice. If you have been injured through no fault of your own you have a right to ensure that the person or entity that caused the injuries is held accountable for their actions.

Proving negligence can be an extremely lengthy and complex task. The personal injury team at Boyes Turner has been operating for over 30 years and collectively has over 58 years of experience in dealing with all personal injury claims ranging from minor whiplash injuries to life-changing brain and spinal injury. Our extensive experience means you can rest assured that we have the skills and expertise to handle your claim and achieve the best possible outcome.

Treatments, medication and aids

Following an injury you may require treatment, medication and aids.

The type and level of injury suffered will determine exactly what your treatment requirements will be. Typical treatments, medications and aids that personal injury victims may require include:

  • Prosthetics after amputation
  • Walking aids such as a stick, a wheel chair or a motorised scooter
  • Stair lifts
  • NHS prescriptions
  • Over the counter medications
  • Non-NHS provided medical treatments and equipment
  • Physiotherapy and hydrotherapy
  • Cognitive behaviour therapy
  • Holistic treatments.

The costs of these items can quickly add up and should not be paid for by a personal injury victim and should be recovered in a successful legal claim.

Loss of income

Many personal injury victims find themselves having to reduce their working hours, either temporarily during their recovery period, or permanently, in part or in full, owing to their ongoing disability.

In cases of fatal injury, the bereaved family may suffer extreme hardship from the loss of their former loved one’s income. Where the death of the family member was caused by someone else’s negligence and the financial loss to the dependant family can be proven, these losses can be recovered in a successful personal injury claim.

Care and assistance

Personal injury victims may require care and assistance with their day to day living following the accident. In cases of serious, life-changing injuries, the need for care and assistance can be life-long and constant.

Care needs may include:

  • Assistance with dressing
  • Assistance with bathing and toileting
  • Running errands and fetching items
  • Assistance going up and down stairs
  • Assistance with daily chores
  • Physical support
  • Assistance in getting to and from medical appointments
  • Psychological support
  • After care following surgery
  • Assistance with medication.

All of these types of care go over and above the usual care and assistance provided by a spouse or family member and can be very draining on the carer. The provision of this care sometimes also prevents the carer from going to work resulting in a further financial loss.

A successful legal claim would include a sum of money to compensate the carer for the care and assistance they have provided or in cases of severe injury, financial provision would be made for the employment of professional carers.

Out of pocket expenses

All personal injury victims will incur out of pocket expenses due to their accident, such as the  treatments, medications, aids and loss of earnings discussed above.  Further out of pocket expenses could also include:

  • Travel expenses in attending medical appointments
  • Parking expenses in attending medical appointments
  • Paying for professional assistance with household activities, such as gardening, window cleaning, decorating and general DIY that the injured person can no longer manage owing to their injury
  • Replacement clothing costs.

A successful legal claim would cater for these costs to be repaid to you.

Funeral expenses

Where the negligence has led to the victim’s death, reasonable funeral expenses will also be included in the claim.

If you or someone you know would like to discuss the possibility of pursuing a legal claim please call us on 0118 952 7137 for a free confidential discussion.

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