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Here) and 205 EU Takes Further Steps Mesothelioma Talc (Here) of BCDN 13 April 2018 Edition 226 BC DISEASE NEWS A WEEKLY DISEASE UPDATE CONTENTS PAGE 2 Welcome Welcome PAGE 3 Welcome to this week’s edition of BC Disease News. $37 Million Award in In this week’s edition, we report on a ruling on asbestos-related injuries Mesothelioma Talc Case caused by exposure to talcum powder. Further, we discuss an EU Commission proposal to add 5 new occupational SDT Hearing for Former Asons exposure levels to the Carcinogens and Mutagens Directive. We then move Chief on to consider the impact of a new Scottish Bill, which intends to extend current legislation and allow the NHS to recover medical bills from negligent EU Takes Further Steps to employees in industrial disease claims. Protect Workers from Cancer- Causing Chemicals In this week’s feature article, we examine the scientific literature and case law surrounding ‘acoustic shock’. We go on to assess the current position on PAGE 4 medical causation, which has most recently been handed down in the case of Goldscheider v the Royal Opera House Covent Garden Foundation [2018] EWHC 687 (QB). Scottish Campaign to Save NHS Money Any comments or feedback can be sent to Boris Cetnik or Charlotte Owen. Inaccurate Medical Reports? As always, warmest regards to all. Free Practical Materials: IOSH No Time to Lose SUBJECTS Mesothelioma and Talcum Powder – Asons’ Kamran Akram Disciplinary PAGE 5 Tribunal – 5 Additional Chemicals in the Carcinogens and Mutagens Directive – Inaccurate MedCo Agency Reports – ‘No Time To Lose’ Materials One Third of Construction and Case Studies – Construction Workers and Asbestos-Related Knowledge Workers Have Never – Product Chemicals and Breach of REACH Regulations – Protection Against Checked the Asbestos Shipping Container Fumigation – Acoustic Shock. Register PAGE 6 Hundreds of Products in Breach of REACH Regulations Protective Measures Needed for Workers Opening Fumigated Shipping Containers PAGE 8 Feature: Acoustic Shock: An Update PAGE | 2 have been reversed. We reported on $37 Million Award in these cases in issues 184 (here) and 205 EU Takes Further Steps Mesothelioma Talc (here) of BCDN. to Protect Workers Case SDT Hearing for Former from Cancer-Causing Chemicals A jury in New Jersey, US, voted that a Asons Chief mesothelioma patient’s disease was In this article, we discuss a press release, caused by asbestos in talcum powder. We previously discussed, in edition 179 from the European Commission, which This is the first time Johnson & Johnson has (here), that the SRA had closed down explains how it is seeking to take further lost a case alleging that its products Asons on grounds of suspected 1 action against cancer causing chemical contain asbestos. ‘dishonesty’. Later, in edition 220 (here), agents. We last reported on the EU we reported that the former Chief of actions in edition 198 (here), where there Most people who are diagnosed with Asons, Kamran Akram, will appear was discussion on the Carcinogens and mesothelioma have been exposed before an upcoming Solicitors Mutagens Directive 2004/37/EC2 (CMD). occupationally to asbestos, often by Disciplinary Tribunal (SDT) hearing. The CMD was introduced to reduce working in the construction industry. deaths caused by work-related cancer However, a small number of cases are Allegations made against Mr Akram, by which, according to statistics, is at 52% on reported in those who have been the SRA, are that he: an annual basis. The CMD seeks to limit or exposed to asbestos in non- ‘Caused or permitted the eliminate exposure to chemical agents. occupational circumstances. The presentation of applications for banker, in this case, had reportedly costs in PI claims which The latest press release mentions five never worked around asbestos. He misrepresented the grade of additional cancer-causing chemicals, of claimed to have developed relevant fee-earners so as to which workplace exposure limits will be mesothelioma after inhaling dust that increase the level of implemented. The ‘new exposure limit was generated through his regular use of recoverable costs. talc products since 1972, when he was values’ will be included in the CMD. The Caused or permitted the born. carcinogens, which have been selected presentation of claims for by the Commission, are: special damages which Talc and asbestos are both naturally contained particulars that were occurring minerals and tend to be found Cadmium and its inorganic false in that the event, loss or close together. Studies have suggested compounds; treatment alleged to have given that there is a risk that talc may be Beryllium and inorganic rise to the special damages contaminated with asbestos during beryllium compounds; claim had not occurred or did mining. The claimant’s lawyers claim not exist. Arsenic acid and its salts, as well that Johnson and Johnson knew about as inorganic arsenic Caused or permitted Asons to the risk of contamination of its talc compounds; act in circumstances giving rise products with asbestos as early as the to a conflict of interest. Formaldehyde; and 1960s, but failed to warn consumers. It Provided misleading information 4,4'-Methylene-bis(2- was decided that Johnson & Johnson 4 to the court and/or the SRA in chloroaniline) (MOCA). was responsible for 70% of the damages, relation to the false and inflated and Imerys, the supplier of its talc, was claims. The Commission has identified that the responsible for 30%. Johnson & Johnson first three, out of the five carcinogens Caused or permitted payments maintains that its baby powder does not listed, where to be found in these sectors: of prohibited referral fees. contain asbestos, nor does it cause Failed to run his practice or carry cancer. Johnson & Johnson has been ‘... cadmium production and refining, out his role as sole principal, involved with only one other asbestos- nickel-cadmium battery manufacture, COLP and COFA of Asons related trial, which it won in November2. mechanical plating, zinc and copper effectively.’3 smelting, foundries, glass, laboratories, Johnson & Johnson have also lost several electronics, chemicals, construction, The 8 day hearing began on 9 April 2018. high-profile cases in which it was alleged healthcare, plastics and recycling.’5 We will report on the outcome of the that talcum powder products cause ovarian cancer, though some decisions hearing when it is handed down. PAGE | 3 The initiative intends, not only reduce the caused, for example, by negligent stated that information collated would number of work related cancer cases, employers.7 be reflected in an MRO report in any but also to provide better overall health event. It was suggested that the to reduce the prevalence of other The rationale for Mr McMillan’s member’s questionnaire should be attached with diseases caused by carcinogenic and Bill is that the NHS, in Scotland: the appointment letter, allowing mutagenic substances. ‘sufficient time’ to accurately provide all ‘... should not be disadvantaged by the relevant information, as opposed to Marianne Thyssen, Commissioner for paying the financial price for the care a questionnaire ‘without notice’. Employment, Social Affairs, Skills and and treatment of individuals whose Labour Mobility, summarised the current injuries have been caused by a person or She described the appointment as a progress of the Commission, as follows: organisation’s negligence ... millions are ‘cursory examination’ lasting five spent each year on treating industrial minutes, which was half of the proposed ‘Today, the Commission has taken diseases which people have contracted slot. another important step towards fighting through poor working practices and work-related cancer and other relevant conditions.’ The subsequent report, which was health problems on the work floor. We produced as a follow up of the propose to limit workers' exposure to five In reaction, Phyllis Craig MBE, Manager of appointment, was described as ‘so additional cancer-causing chemicals. Clydeside Action on Asbestos stated: flawed’, because her age was incorrect. This will improve protection for over 1 million workers in Europe and help create ‘My hope is that the Bill will ultimately In her own personal experience, the a healthier and safer workplace, which is recover all costs of treatments provided claimant representative believed that a core principle of the European Pillar of by the NHS, as this will mean that it will be the process had been designed ‘to get Social Rights’6 the liability of insurers to meet the costs of clients seen and reports drafted in as diagnosing, managing and treating short an amount of time as possible’.8 We will report on any further those who have suffered an injury or developments to the CMD in due course. illness can be enshrined in law’. Consequently, her ‘solicitor is now tasked with raising these numerous inaccuracies with the medical agency and reporting Scottish Campaign to Inaccurate Medical the matter to MedCo.’9 Save NHS Expenditure Reports? Recently, it has been debated that MedCo could be extended to cover A campaign, initiated by a Scottish In this article, provide an account of other types of personal injury. If this is the Minister, is seeking to push through new inaccurate medical reports, which have case, inaccuracies will need to be legislation, which may encompass been produced by medical reporting reduced. former shipyard workers diagnosed with agencies (MRO). Other legal industrial diseases professionals have been advised to report instances, such as these, to Free Practical The proposal was put forward by Stuart MedCo, with a view to improving the McMillan, MP for the Scottish National process. Materials: IOSH No Party (SNP), and is set to undergo public consultation, closing on 22 June 2018. A claimant representative recently Time to Lose suffered a whiplash injury, herself, and Through prospective legislation, Mr has since called upon fellow In this article, we report on the No Time to McMillan plans to extend the Road practitioners to challenge inaccuracies Lose (NTTL) campaign, which seeks to Traffic (NHS Charges) Act 1999 by associated with the MedCo process.
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