| Personal Injury: Unsafe Territory
By a majority decision, the House clarified the Fairchild Exception and ruled that proportionate damages are payable in mesothelioma claims that fall within the exception. In a separate development, the Government announced on 20 June its proposals to reverse the effect of the Barker decision through an amendment to the draft Compensation Bill.
Balance of probabilities
The overriding principle in the law of tort is that a claimant must prove on the balance of probabilities that a defend-ants conduct caused, or materially contributed to, the loss the claimant has suffered. Once this has been established, defendants are jointly and severally liable for any damages due to the claimant.
However, these principles created problems in cases where a claimant with mesothelioma was negligently exposed to asbestos by a number of employers, and medical science is such that the claimant could not establish precisely when the harmful exposure occurred.
Nuclear Test Rules out Radiation
(Ivanhoe Newswire) -- A recent study from the University of Adelaide in South Australia reveals cancer rates among Australian men involved in the 1950s British nuclear tests are 23-percent higher than those of the general population. Despite the increase in cancer rates, research has found no link to radiation exposure. Data from this study did suggest probable asbestos-related cancer in navy personnel. The three-year study investigated the health effects of 11,000 men, all of whom took part in the British nuclear tests in Australia from 1952 to 1963. Twenty-six men had cases of mesothelioma, a cancer strongly associated with asbestos. Of the 26, 16 were involved in the Royal Australian Navy (RAN) -- nearly three times the amount researchers expected. Researchers also discovered higher than average rates of lung cancer, which is also asbestos related, in RAN personnel.
Mesothelioma Cancer specialist accuses NHS of putting money before lives
A leading cancer specialist accused the NHS yesterday of putting money before patients' lives after use of a drug effective in prolonging the lives of sufferers from the asbestos-linked lung cancer mesothelioma was blocked. A report by the National Institute for Health and Clinical Excellence (Nice) has concluded that the drug pemetrexed disodium - sold under the name Alimta - would not be recommended for use within the NHS. It stated that there was not enough evidence that the drug, which was used in trials with the anti-cancer drug cisplatin, was better than cheaper treatments. But Dr Robin Rudd, an expert in respiratory oncology and a former consultant at St Bartholomew's hospital, London, who quit the NHS in March over cost-cutting measures, claimed the decision had been taken solely on financial grounds.
Mesothelioma Guide
Mesothelioma-Healing.com is a site designed for those who are afflicted and those whos loved one may be diagnosed with mesothelioma. The aim is to provide information that will best help someone help the one who is diagnosed with this deadly disease. Mesothelioma is a fatal cancer disease, it is best to know and understand what it is so that you may better act upon it. Ignorance is an obstacle to actions. This site provides sections that are designed to provide you with up to date information on mesothelioma. Mesothelioma-Healing also has sections that discusses the relationship between mesothelioma and asbestos and current research on mesothelioma. This website also provides legal information that helps those who may be seeking compensation and reimbursement of expensive medical expenses that may go along with mesothelioma.
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