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Last Updated: Wednesday, 6 December 2006, 15:59 GMT
MSPs hear asbestos claim dilemma
Asbestos warning leaflets
MSPs heard about the rapid onset of the condition
Campaigners demanding a better deal for asbestos-related cancer victims have told MSPs of a "terrible dilemma".

They said sufferers have been forced to choose between claiming damages for themselves or waiting until they die so that their relatives can claim more.

A bill going through the Scottish Parliament aims to address this and has come under scrutiny from Holyrood's Justice 1 Committee.

Campaigners said the decision should not have to be made.

Phyllis Craig, of Clydeside Action on Asbestos, told MSPs: "I think it's very unfair that people who should receive damages in life are being forced to make that decision as to whether they should wait and they receive nothing.

"They get no recognition that they have this asbestos-related condition and they have to decide if they look to their family's financial security."

It's a terrible dilemma they're in, that they have to resolve and that's what's happening in all these cases
Frank MaguireLaywer for sufferers and families

Ian Babbs, of Asbestos Action Tayside, added: "The mesothelioma patient himself has got the problem of facing the fact that he is dying and then has got to make this decision.

"Usually, when that decision has got to be made, he or she is totally involved in their own survival.

"It's a question of whether they're emotionally ready.

"That decision should not have to be made, it should be quite straightforward."

He added that three deaths from the condition in his area took just 12 weeks, 14 weeks and 15 weeks from initial diagnosis to death.

'No frills'

The Rights of Relatives to Damages (Mesothelioma) Bill would let the immediate families of mesothelioma sufferers claim after they die - irrespective of whether the deceased has already recovered damages.

Tommy Gorman of the Clydebank Asbestos Group said there were "no frills" to the bill.

He said: "It actually addresses the point it's meant to address - I think people really appreciate that."

MSPs were told by the campaigners that mesothelioma was a unique condition which was caused only by exposure to asbestos.

Asbestos removal
Mesothelioma is an asbestos-related cancer

Lawyer Frank Maguire represents about 500 claimants.

He later told MSPs that the majority of those in a position to claim were not doing so, instead holding off so their families could claim instead.

Relatives' payments are typically in the region of �30,000 for a widow, �10,000 for the children or parents of victims and �5,000 for grandchildren, he said.

He said that cases he handles often lead to tensions within families between sufferers wanting to look after their family and relatives urging them to look after their own interests.

"It's a terrible dilemma they're in, that they have to resolve and that's what's happening in all these cases," he added.

Representatives from the insurance industry also told MSPs that they supported the bill, provided that it remained restricted to mesothelioma.

Lisa Marie Williams of the Association of British Insurers said the industry is in talks to come up with a protocol which will speed up processes and said that more use could also be made of interim payments in such cases in Scotland to speed up cash payouts for victims.


SEE ALSO
Lung disease families lobby MSPs
06 Dec 06 |  Scotland
Legal hope for asbestosis victims
28 Sep 06 |  Scotland
MSPs approve asbestos law change
29 Jun 06 |  Scotland
Scotland to adopt asbestos ruling
21 Jun 06 |  Scotland
Blair 'to change' asbestos ruling
13 Jun 06 |  UK Politics

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