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Court rules asbestos causes lung cancer

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Court rules asbestos causes lung cancer

A High Court ruling has confirmed the lung cancer and asbestos link. Although it has long been accepted asbestos causes lung cancer, proving the link in court has been difficult because, unlike mesothelioma, the condition can be caused by a wide range of other factors, including smoking. The new ruling involves the case of John Joseph Shortell, who died of lung cancer on 8 July 2006 aged 74. The defendant was his former employer, BICAL Construction Ltd. It is believed this is the first case successfully contested in court, establishing that exposure to asbestos caused lung cancer in a worker without pre-existing asbestos disease. Other cases have been settled out-of-court, so not establishing a legal precedent. Electrical jointer Mr Shortell - who had also smoked until the age of 53 - had been exposed to asbestos for the majority of his working life at a number of power stations. He working closely with laggers as they handled asbestos. Judge Mr Justice Mackay ruled that the exposure to asbestos more than doubled the claimant's risk of developing lung cancer and the fact that Mr Shortell smoked, he said, did not impact on the negligence and breaches of duty that the defendant showed over many years. Personal injury lawyers believe the case will have huge implications for lung cancer sufferers throughout the UK who have been exposed to asbestos. Roger Maddocks of law firm Irwin Mitchell commented: 'Although the claimant was an ex-smoker, his employers repeatedly breached their duty of care towards him by exposing him to asbestos during his work and the claimant's contributory negligence, by reason of his past smoking habit, was rated at only 15 per cent. It is the first such case ever to succeed on behalf of a lung cancer sufferer who did not also have asbestosis.'

  • Irwin Mitchell news release. John Shortell (executor of the estate of John
  • Joseph Shortell deceased and litigation friend of Eileen Shortell) v BICAL construction Ltd (sued as successor to BIC Construction Ltd), in the High Court of Justice (Queen's Bench Division), Liverpool District Registry, Case No: 7LV30059, 28 April - 1 May 2008.
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