The British House of Lords handed down a long-awaited and controversial landmark ruling this week when it decided to end compensation for claims for pleural plaques in the UK on the ground that it is not a disease. Pleural plaques are small, flat discs that form on the membrane between the lungs and the ribcage. The plaques, which are caused by asbestos exposure, may later develop into cancer in some people. According to Brigitte Chandler of Charles Lucas and Marshall, solicitors, "pleural plaques are a sign that the asbestos fibre has gone into the lungs and can sit there for 60 years before disease develops. Generally, there are no physical symptoms but once the plaques show up, there is a risk. It is a time bomb--some die before anything happens, but others are unlucky and get cancer." It is estimated that there are approximately 14,000 pleural plaque cases a year in the UK, accounting for about 75 percent of all asbestos-related claims.

The House of Lords' decision settled an on-going controversy precipitated by a January 2006 Court of Appeal ruling that pleural plaque sufferers should no longer receive compensation. That ruling overturned nearly 20 years of established legal practice. In the past, sufferers of pleural plaque received compensation of 5,000 pounds (approx. $10,259.07 USD). If their condition later progressed to cancer, they could file a claim for additional damages. The recent House of Lords decision was a victory for the UK insurance industry which has consistently argued that the condition itself does not cause mesothelioma. However, it has raised the ire of pleural plaque sufferers and their supporters, who say that the prior system worked well in that it allowed claimants to confirm liability before they became too ill to file a claim. The House of Lords' decision will be the final word on the issue.