PLEURAL PLAQUES

Pleural plaques are not malignant but indicate that asbestos fibres were inhaled probably 10 or more years ago.  They are raised small irregular patches of thickening, found on the parietal pleura (which lines the chest wall) or on the diaphragm.  They may not show on X-ray until they calcify after about 10 years and not all pathologists comment on the parietal pleura in their postmortem reports so their presence may be missed at postmortem.  However, most can be detected by CT Scan.

Treatment
There is no cure.
A diagnosis of pleural plaques may cause worry and distress which may require psychological treatment.

Symptoms
Although frequently described as 'symptomless', they can cause excruciating pain and discomfort if they rub against the ribs, especially if they calcify; many do with age.  This can lead to shallow breathing.

July 2005.  The Industrial Injuries Advisory Council advised the Secretary of State for Work and Pensions that 'there is a lack of evidence to justify' the payment of industrial injuries disablement benefit for pleural plaques (Command Paper 6553).
Because DWP will not pay industrial disablement benefit it is not possible to apply to DTLR for a payment under their 1979 Compensation Scheme, but solicitors have obtained compensation from former employers or their insurers.  The claim is usually for provisional damages.

Provisional Damages for Pleural Plaques

Basic provisional damages for pleural plaques discovered by chance and causing no disability, pain or discomfort should be between £3,500 and £5,500.

If a doctor accepts that pleural plaques are causing discomfort or pain so that the claimant avoids taking deep breaths, then any claim should be for breathing disability not for symptomless pleural plaques alone.

Before the basic £3,500 to £5,500 is accepted, the solicitor should consider whether damages may be increased in a particular case because :
1. there is expert evidence that the claimant is suffering psychiatric injury, or at least an unusual level of distress, anxiety or depression, as a result of the diagnosis.

2. there is a realistic prospect of prejudice on the open labour market, either now or in the future, because prospective employers know the claimant has pleural plaques.

3. premiums for any insurance the claimant may need now or in the future may be increased because the diagnosis of pleural plaques must be declared to insurers.

©  Nancy Tait  March 2006