Are mesothelioma claims a lost cause for defendants? Jonathan de Rohan reports
Although mesothelioma is almost always caused by the inhalation of asbestos fibres there is a possibility that some cases are “idiopathic”, ie attributable to an unknown cause. Further, a significant proportion of those who contract mesothelioma have no record of occupational exposure to asbestos. The likelihood is that in their cases the disease results from the inhalation of asbestos dust in the atmosphere. The condition may be caused by the inhalation of a single fibre, a few fibres or many fibres, but the more fibres that are inhaled, the greater the risk of contracting it. Like lung cancer, it is an indivisible condition in that, once initiated, further exposure to asbestos fibres will have no causative effect. It is invariably fatal.
Rock of uncertainty
The present state of medical knowledge is such that there is no way of identifying, even on the balance of probabilities, the source of the fibre or fibres which caused a victim’s malignant tumour. This scientific ignorance posed profound obstacles for a victim who was exposed
