compensation claims with industrial disease ... - Vasculitis UK

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compensation claims with industrial disease causing wegerners .

morgan33 profile image
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Hi , having worked in the stone industry for many years i developed silicosis i now have wegerners vasculitis and now have many problems including low kidney function i am unable to work and healthwise i dont know what the future holds for me , my consultant says my vasculitis was triggered by my silicosis so i am now in the process of an industrial claim it would be helpful to hear if any other patients have had any similar compensation claims or any advice would be very much appreciated thank you , lee bird .

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Nadine99 profile image
Nadine99

Mmmmm, I've never heard that a doctor actually says something causes Vasculitis because I thought no-one had found what causes it so.................

Good luck

morgan33 profile image
morgan33 in reply to Nadine99

he said silicosis is associated with wegerners .

wooddustaffected profile image
wooddustaffected in reply to morgan33

Yes it is.

wooddustaffected profile image
wooddustaffected in reply to Nadine99

Hi, Yes and there is much peer reviewed evidence to support it for exposure to crystalline silica and to asbestos more recently. Please see my other replies for more info.

Suzym2u profile image
Suzym2uModeratorVasculitis UK

To my knowledge no one knows what the exact cause of WG is, or what the exact trigger may be.

There are many theories. It would be interesting to hear if there are others who have the same experience as yourself Lee.

VUK carried out a poll on this subject a while ago, I will try and locate the link.

I have to say I am surprised your doctor actually stated what you have said above.

This is a link from the Mayo Clinic in the US explaining a little a bout some of the theories mayoclinic.org/diseases-con...

this is a link from the John Hopkins Clinic in the US explaining a little about this too hopkinsvasculitis.org/vascu...

My husband has WG (GPA), diagnosed 14 years ago, he has many theories to what the trigger was for himself. John was a NHS dentist for 40 years, working within a potentially risky environment , had a small holding and farmed for 10 years, renovated and almost rebuilt two houses himself single handed, suffered insect bites that he reacted quite badly too. No one can prove that any of these things/events were the actual trigger.

There does seem to be another theory that "extraordinary physical/psychological stress on the body" can be a trigger, such as :- child birth, pregnancy, infection, trauma eg:- car accident, death of a very close relative. But as I have said these are all theories.

You will have to let us know how things go for you. We also hope your doctor is looking after you well and has treated vasculitis before, as WG (GPA) is not easy to recognise, diagnose or treat and no two cases are exactly the same.

All the best

Susan

morgan33 profile image
morgan33 in reply to Suzym2u

Hi , my original post as to ask if any other patients have had a legal claim in the past that i might have any advice from , silicosis and vasculitis are linked according to many different sites on the internet and silicosis and kidney failure are linked also , i am sure there are many unexplained reasons as to why we have this disease but my consultant seems sure it has come from many years of dust inhalation so that is why i am persuing a legal claim so any help from someone in a similar position would be welcome , regards lee bird .

Suzym2u profile image
Suzym2uModeratorVasculitis UK in reply to morgan33

I don't know of anyone who has successfully made a claim or even pursued a claim. Do you have the support of your doctor?

wooddustaffected profile image
wooddustaffected in reply to Suzym2u

Hi, Yes there is much peer reviewed evidence to support it for crystalline silica and it is now widely accepted. Yes my Consultant and others are in agreement too. In 2007 I also asked Dr Richard Watt, author of a peer reviewed publication about a cluster of 7/8 farmworkers in Norfolk, when I met him at a vasculitis symposium, what in his opinion caused them to all have WG and he confirmed that it was the crystalline silica in the grain dust that they were exposed to on the farms they were employed. During my research undertaken since 2006 I have spoken to many of the lead authors of these publications and they mostly all agree, none have disagreed. It is now proven sufficiently for it to be widely accepted by most. To name a few Susan Hogan, Glinda Cooper, Dr David Jayne, Dr Richard Watt, Prof. David Scott, Dr John Main, Dr Jean P'Fau, Prof. Vyv. Howard and many others. So not that surprising at all. In the US after the World Trade Centre tragedy they documented and researched a high incidence of autoimmune diseases in those exposed to the dust. In particular they described/researched a 'mystery' 'Sarcoid like, granulomatous disease -an autoimmune disease' that sounded so like WG that I contacted them directly. Doctors from the Mount Sinai Centre that are monitoring the victims exposed to the dust insisted on speaking to me later by phone, we spoke for an hour approx. They later also spoke to a good friend of mine, a University Research Scientist, an expert on particulates, asbestos, nano sized particles, etc., who actually invented some of the microscopy techniques still used worldwide today. He helped them to understand about the carbon nanotubes found in the dust and confirmed my research to them, which they accepted. Despite the high incidence of AD, surprisingly they were not including the ANCA blood test, so I recommended that in future they include it as part of their routine monitoring tests they described to me, to ensure a much earlier diagnosis hopefully for those considered likely to have an autoimmune disease. Whilst not a test for AD as we know, along with other Diagnostic tools it is a good indicator of it, especially if symptoms suggest any form of AD. Even then they were expecting the high incidence of autoimmune diseases, not just cancers and other respiratory diseases, due to the dust exposure, to rise sharply, due to long latency periods, etc. Current research is finding that to be correct.

There is actually a great deal of peer reviewed evidence of it too for exposure to crystalline silica, and more recently asbestos (the two are very similar in structure and properties) too, but WG comes under approx.. 12/13 different headings so not easy to research properly.

Both my husband and I both have WG (GPA) (no we didn't meet via a support group) and he's a wood machinist who's worked with natural wood but mostly wood composite boards such as MDF, chipboard/particleboard, etc. For 5 years he was exposed to a wood cement board that had high content of asbestos and silica. As you will know it's not compulsory to wear PPE in the wood trades. Both natural wood and wood dust rom wood composite boards contain a high silica content. The wood industry has a problem with crystalline silica proving from their own research that premature blunting of industrial strength diamond and tungsten carbide metal saw blades, is caused by the finding of a high silica content in the wood or wood composite board as the cause. If it causes this level of damage to metal blades then what harm is it doing to the lungs of those inhaling it daily, together with an assortment of other carcinogens and toxins, PAH's and possibly dioxins? There are many people out there who are not aware that their current or previous environmental or occupational exposures could be causing their illness, as often they don't go far back enough in their work history or indeed that of a partner, wife, husband, father. When they look more closely the common denominator very often is always dust that is highly likely to contain silica. Any worker exposed to anything harmful takes it home on work clothes, hair and skin to expose loved ones. With any dust the finer the dust, the smaller the size of dust particles the more harmful it is. The dust you can't see is the most harmful. With crystalline silica freshly fractured silica, such as when sawing or sanding, etc., is more harmful, more toxic so fast acting than aged silica. Such a lot to share. If it was a virus or infection more people would suffer from it, it would not be a rare disease, and more would have it in the same family. It's actually extremely rare in families. For example, we are said to be the only known confirmed husband and wife to have WG in the world! The Doctors said the odds are 100 million to one ! So not by chance then. Hence why they said It must be caused by an exposure, hence my years of research.

Suzym2u profile image
Suzym2uModeratorVasculitis UK in reply to wooddustaffected

It is so very interesting what you have written above, as we do know another couple, married for many years, where one was diagnosed with Good Pastures Disease ( an extremely rare type of vasculitis ) quite a few years ago and more recently the other has been diagnosed with WG. It would be interesting to talk to them both in more depth.

wooddustaffected profile image
wooddustaffected in reply to Suzym2u

Yes it would. The problem is that unfortunately many victims /sufferers when asked about previous exposures don't really understand enough to answer correctly (no disrespect meant to anyone, after all why should people know or understand an issue as complex as this is)whether they have or have not been exposed to silica or asbestos. Most have not heard of silica, let alone know the difference between amorphous or crystalline silica and certainly couldn't be expected to know where it is found. Who would have thought years ago that brake pads, etc contained asbestos for example. Wood composite boards contained asbestos years ago, they were laminated and used on board ships, they also contained high silica content too. Just to add to my wood dust comments, sawdust ash or wood dust ash is so high in silica content that they're using it as a partial replacement for concrete which is mostly silica, yet experts said to me that wood dust has only a 'trace' at best if any at all. All rubbish but surprising how many people take 'experts' at face value when many are not what they profess to be at all. Many victims/sufferers don't realise where dust

exposures can have taken place, especially not from

Years

ago & exposures can be environmental not just occupational, such as happened at the World Trade Center victims. By the way even the HSE make mention to the 'sarcoid like granulomatous disease -autoimmune disease' there caused by dust exposure and autoimmune disease. Seems my throwing the truth and evidence at them all for years is finally getting through!

Haggiss profile image
Haggiss

Hi,

I was diagnosed with WG in 2008 and just had a recent flare up. I served my apprenticeship in quarries from 1987 to 1991. I have grown up in a mining village then it went to open cast. I now work in a sheet metal working factory, where there is a lot of metal dust. So basically I've had dust all around me my entire life. Let me know Lee how you get on.

Regards

Andrew

wooddustaffected profile image
wooddustaffected in reply to Haggiss

Hi, Please see my other posts in reply to theirs on this subject.

morgan33 profile image
morgan33

hi andrew i developed silicosis after twenty five years in the stone business and have looked into the link with silicosis and vasculitis does your consultant think it is possible that your exposure to any form of dust might be a factor in hour wg , i have read on v uk that some patients think there wg was triggered by some home renovations or even very small dust exposure ,lee .

Haggiss profile image
Haggiss in reply to morgan33

It's never been mentioned, I'm due to see her in September and I'll mention it. She says it's many factors that have triggered the WG: Stress, genetic and also the Environment so that means to me what I've breathed in for the past 45 years.

Thanks

Andrew

chasa profile image
chasa

Hi Lee,

I was diagnosed with WG 5 years ago. I am aware that American miners have claimed WG was ascociated with silicone dust.

I worked in a whisky bottling enviroment for 39 years and on a daily basis was exposed to glass dust. seemingly glass is manufactured using silica(silicon dioxide) the primary constituent of sand. I am convinced there is a connection between silicone dust and WG.

I would be interested in your outcome Lee.

Chasa.

wooddustaffected profile image
wooddustaffected in reply to chasa

Hi, It is now proven sufficiently for it to be widely accepted by most. There is actually a great deal of peer reviewed evidence of it too but WG comes under approx.. 12/13 different headings so jot easy to research properly.

Both my husband and I both have WG (GPA) (no we didn't meet via a support group) and he's a wood machinist who's worked with natural wood but mostly wood composite boards such as MDF, chipboard/particleboard, etc. For 5 years he was exposed to a wood cement board that had high content of asbestos and silica. As you will know it's not compulsory to wear PPE in the wood trades. Both natural wood and wood dust rom wood composite boards contain a high silica content. The wood industry has a problem with crystalline silica proving from their own research that premature blunting of industrial strength diamond and tungsten carbide metal saw blades, is caused by the finding of a high silica content in the wood or wood composite board as the cause. If it causes this level of damage to metal blades then what harm is it doing to the lungs of those inhaling it daily, together with an assortment of other carcinogens and toxins, PAH's and possibly dioxins? There are many people out there who are not aware that their current or previous environmental or occupational exposures could be causing their illness, as often they don't go far back enough in their work history or indeed that of a partner, wife, husband, father. When they look more closely the common denominator very often is always dust that is highly likely to contain silica. Any worker exposed to anything harmful takes it home on work clothes, hair and skin to expose loved ones. With any dust the finer the dust, the smaller the size of dust particles the more harmful it is. The dust you can't see is the most harmful. With crystalline silica freshly fractured silica, such as when sawing or sanding, etc., is more harmful, more toxic so fast acting than aged silica. Such a lot to share. If it was a virus or infection more people would suffer from it, it would not be a rare disease, and more would have it in the same family. It's actually extremely rare in families. For example, we are said to be the only known confirmed husband and wife to have WG in the world! The Doctors said the odds are 100 million to one ! So not by chance then. Hence why they said It must be caused by an exposure, hence my years of research. Please PM if you wish.

morgan33 profile image
morgan33

Thanks chasa , my solicitor says mine is such a complex case and has never come across anything like it before and is trying to establish the link between silica and vasculitis to persue the claim my consultant says theres a definate link so maybe the general idea is that there is a connection .

wooddustaffected profile image
wooddustaffected in reply to morgan33

Please contact me. You are correct. I have researched this in depth since 2006. See my other replies. More than happy to speak to solicitors and to share the research and contacts that I have. Anything to help. My Consultant who is one of the best as regards WG and autoimmune vasculitis agrees too, as do a couple of others and I have proof of that. I also recorded the hour long conversation with Doctors monitoring the victims of the World Trade Centre dust. They also spoke to a friend of mine, a scientist who invented some of the microscopy techniques still used today worldwide, an expert in particulates, especially asbestos and silica. Keep going. Do not believe those who say there is no cause. There is.

Albasain profile image
Albasain

Hi Lee,

I tend to agree with what Susan has posted in reply. However, there may be a case that dust inhalation may have "attributed" to your developing WG but not necessarily being the "primary cause" as there are many other factors to be taken into account including lifestyle, stress whether of a traumatic type or not, environmental issues, genetic susceptibility. It certainly depends on how a person's body reacts to these whether they develop any particular disease or not.

It therefore would be quite difficult to prove beyond doubt that, in your case, quarry dust inhalation was the primary cause which you would need to prove in order to gain any form of compensation.

I would advise that you speak with your union if you have one. They will have access to legal advice for work related issues and may be able to help.

wooddustaffected profile image
wooddustaffected in reply to Albasain

Hi, Yes there is much peer reviewed evidence to support it for crystalline silica and it is now widely accepted. Yes my Consultant and others are in agreement too. In 2007 I also asked Dr Richard Watt, author of a peer reviewed publication about a cluster of 7/8 farmworkers in Norfolk, when I met him at a vasculitis symposium, what in his opinion caused them to all have WG and he confirmed that it was the crystalline silica in the grain dust that they were exposed to on the farms they were employed. During my research undertaken since 2006 I have spoken to many of the lead authors of these publications and they mostly all agree, none have disagreed. It is now proven sufficiently for it to be widely accepted by most. To name a few Susan Hogan, Glinda Cooper, Dr David Jayne, Dr Richard Watt, Prof. David Scott, Dr John Main, Dr Jean P'Fau, Prof. Vyv. Howard and many others. So not that surprising at all. In the US after the World Trade Centre tragedy they documented and researched a high incidence of autoimmune diseases in those exposed to the dust. In particular they described/researched a 'mystery' 'Sarcoid like, granulomatous disease -an autoimmune disease' that sounded so like WG that I contacted them directly. Doctors from the Mount Sinai Centre that are monitoring the victims exposed to the dust insisted on speaking to me later by phone, we spoke for an hour approx. They later also spoke to a good friend of mine, a University Research Scientist, an expert on particulates, asbestos, nano sized particles, etc., who actually invented some of the microscopy techniques still used worldwide today. He helped them to understand about the carbon nanotubes found in the dust and confirmed my research to them, which they accepted. Despite the high incidence of AD, surprisingly they were not including the ANCA blood test, so I recommended that in future they include it as part of their routine monitoring tests they described to me, to ensure a much earlier diagnosis hopefully for those considered likely to have an autoimmune disease. Whilst not a test for AD as we know, along with other Diagnostic tools it is a good indicator of it, especially if symptoms suggest any form of AD. Even then they were expecting the high incidence of autoimmune diseases, not just cancers and other respiratory diseases, due to the dust exposure, to rise sharply, due to long latency periods, etc. Current research is finding that to be correct.

There is actually a great deal of peer reviewed evidence of it too for exposure to crystalline silica, and more recently asbestos (the two are very similar in structure and properties) too, but WG comes under approx.. 12/13 different headings so not easy to research properly.

Both my husband and I both have WG (GPA) (no we didn't meet via a support group) and he's a wood machinist who's worked with natural wood but mostly wood composite boards such as MDF, chipboard/particleboard, etc. For 5 years he was exposed to a wood cement board that had high content of asbestos and silica. As you will know it's not compulsory to wear PPE in the wood trades. Both natural wood and wood dust rom wood composite boards contain a high silica content. The wood industry has a problem with crystalline silica proving from their own research that premature blunting of industrial strength diamond and tungsten carbide metal saw blades, is caused by the finding of a high silica content in the wood or wood composite board as the cause. If it causes this level of damage to metal blades then what harm is it doing to the lungs of those inhaling it daily, together with an assortment of other carcinogens and toxins, PAH's and possibly dioxins? There are many people out there who are not aware that their current or previous environmental or occupational exposures could be causing their illness, as often they don't go far back enough in their work history or indeed that of a partner, wife, husband, father. When they look more closely the common denominator very often is always dust that is highly likely to contain silica. Any worker exposed to anything harmful takes it home on work clothes, hair and skin to expose loved ones. With any dust the finer the dust, the smaller the size of dust particles the more harmful it is. The dust you can't see is the most harmful. With crystalline silica freshly fractured silica, such as when sawing or sanding, etc., is more harmful, more toxic so fast acting than aged silica. Such a lot to share. If it was a virus or infection more people would suffer from it, it would not be a rare disease, and more would have it in the same family. It's actually extremely rare in families. For example, we are said to be the only known confirmed husband and wife to have WG in the world! The Doctors said the odds are 100 million to one ! So not by chance then. Hence why they said It must be caused by an exposure, hence my years of research.

morgan33 profile image
morgan33

Hi ,i may or may not have a valid claim my solicitor is struggling to find a vasculitis specialist for imformation to substantiate the claim i am due to meet my consultant tomorrow and will mention it to him , i am not saying silica exposure definately caused my wg and neither is my consultant but there is evidence that silicosis and renal failure which i had are linked and that silica could be a factor in my wg . Unfortunately the family business folded in 2013 and wasnt in any union for advice to please any comments or advice are welcome .

wooddustaffected profile image
wooddustaffected in reply to morgan33

I can help, please get in touch. Not sure how to do that unless you can send me your details privately. More than happy to speak to your solicitor if they want to.

morgan33 profile image
morgan33 in reply to wooddustaffected

hi woodustaffected my email address is elistone5@hotmail.com if you would be good enough to private message me i would appreciate you help thanks lee .

wooddustaffected profile image
wooddustaffected in reply to morgan33

Pleased that I could help Lee. There are several that I know of that may help, but the one I mentioned has actually been trying to get the Industrial Disease Board to accept renal diseases caused by silica exposure accepted as a proven industrial disease. The board is always reluctant to accept anything despite other countries that have already accepted it, unfortunately ours are always years behind the evidence. They are very much Influenced by the industry themselves, who, of course, do not want to be held accountable in any way for any harm caused to employees. So many of these processes are flawed and based on incorrect evidence to dispute the evidence, the good science that exists, and some may not be the experts they profess to be.

seggiehill profile image
seggiehill

It seems quite common I had a kidney transplant due vasculities. I have worked as a stonemason all my life and personally know about 5 more masons in the Edinburgh area with kidney failure due to vasculities. So it's pretty obvious there is a link. But try convincing the consultants they require studies to be carried out for years before they are 100%. In mine situation I had vasculities for a couple of years and it was not pick up they thought I had Crohn's disease. My renal team said if I was refer at the beginning they could saved my kidneys but it was to late, as vasculities is quite treatable. However I back working still running my stonemasonry busy throughout the whole thing just need to say fuck it and get on with it.

All the best nick

Greenkit profile image
Greenkit

Hi Lee,

I too knew what caused my GPA (Weg's).

When i went to see a solicitor it took months before he said he could take the case no further as they cannot prove that was how i got the Weg's.

I really hope you have better luck than me.

wooddustaffected profile image
wooddustaffected in reply to Greenkit

Check out my other replies. You just need to find the right solicitor and Consultant and a properly qualified Toxicologist (Not all of them are so best to check) .

Greenkit profile image
Greenkit in reply to wooddustaffected

Thanks, but mine was caused from dust at work and to prove it is impossible.

My solicitor tried every angle but even my consultant couldn't say how i got it.

wooddustaffected profile image
wooddustaffected in reply to Greenkit

Its not impossible, you just need the right solicitors, the right Consultant and a good Toxicologist. Most solicitors don't do enough research in this type of case, its too time consuming and it all boils down to money with them and usually lack of resources. Not easy by any means, but not impossible. More and more research is being done. More than you or anyone else thinks. Success depends on many things, everyone's circumstances are different of course, length if exposure, if any PPE, etc. My own circumstances are unique perhaps but it proves something. When doing research you have to know where to look but mine is not just doing a few Google searches, all that will reveal is mostly older research and of course there are many out there who do not want there to be a cause., especially in certain industries. Our legal system isn't as Just as some believe, cases are agreed by both legal teams more to protect each others costs, often before they get to court and not always in the claimants best interests sadly. Victims can be made victims twice over. You have to make sure the solicitor has experience in cases like this. Some say they have but haven't. They also have to have the resources too. Try another firm but do your homework first would be my advice.

wooddustaffected profile image
wooddustaffected in reply to Greenkit

You just need to keep looking for the right solicitor that specialises. Not all PI solicitors are, in fact most do not. Lee has changed his solicitor now. A lot will say that because they don't Like taking on cases that are complex than most that they have little understanding of themselves. You need the right experts to back you up. They like the nice easy ones most of them, as they're not trained to do research on subjects Such as autoimmune disease, most look on Wikipedia would you believe, and don't get any further than that. You have to watch them closely and keep them on their toes throughout. Don't give up. The proof can be found, it's all out there. Good luck.

wooddustaffected profile image
wooddustaffected

Are you in the UK or US? It's not the silicosis that caused your WG , it's the crystalline silica you've been exposed to and inhaling in copious amounts that caused both the silicosis and WG. The finer the particles the more harmful it is, as the ultra fine particles smaller than PM 2.5 can pass through lung tissue into the bloodstream and pass to any part of the body from there. There are now lots of peer reviewed studies available for you to use. They are also linking asbestos exposure to causing autoimmune disease too. The two are very alike in properties. Dust contains many elements, silica is one of them. Do not believe anyone who tells you dust is not harmful. Get a good qualified Toxicologist. Try Prof. Vyvyan Howard, UK, he's renowned. Don't just use any Toxicologist, check they really are qualified in Toxicology as many are not. I know of one to avoid, says he is a Toxicologist, acts in legal cases, appears even as an 'Expert' witness but he's definitely not qualified to give any evidence on matters of causation. So ask your legal team to be careful, you check any so called experts used on both sides, don't assume your legal team have, as often they don't, although in UK they should by law, but many do not sadly. You only have to look at what happened to victims of the World Trade Centre to see the harm caused and not just cancers. They had an even higher incidence of autoimmune diseases too which there is evidence available. Its something I've researched for many years and did actually receive a phone call from the Doctors at Mount Sinai that are monitoring victims and those exposed to the dust. I recommended that they include the ANCA blood test as part of their routine testing and monitoring regime, as surprisingly they weren't then. You are on the right track so keep on it. Contact me if you require more details.

morgan33 profile image
morgan33

Hi,wooddustaffected i am in the uk and thank you for your good advice my claim has been ongoing for about six months my legal team have had trouble finding a vasculitis specialist but he now says he has found one so ill pass all imformation on to them with help from my consultant hopefully we can press on .

morgan33 profile image
morgan33

hi wooddustaffected i overlooked your previous replies to me thank you very much for your trouble , im new to the forum and not sure how to private message you but your help and imformation would be a great help or if you could send me your private details im sure my solicitor would be eager to make contact with you , regards lee .

wooddustaffected profile image
wooddustaffected

Hi, will be in touch.

morgan33 profile image
morgan33 in reply to wooddustaffected

Thank you .

John_Mills profile image
John_MillsVolunteer

Hi, I don't want to be a party-pooper in this interesting discussion, but there are some points that need to be considered.

1) I am as interested as anyone in finding explanations for the development of Wegeners, other types of vasculitis and auto-immune diseases in general.

BUT it doesn't matter how eminent the doctor or academic, their opinion is still only an informed opinion and open to challenge.

2) Scientific "Evidence" is something very different and requires numbers of cases to be convincing. The survivors of the World Trade Centre attack were exposed to a whole variety of toxins from the fire, in addition to silica.

3) It's no good just looking for evidence that fits your theory. Selecting a few research papers that favour your cause, theory or opinion is not enough. You have to look at ALL the research, paper by paper, and grade it according to its reliability. You need to be able to evaluate the research study itself to assess this. Some so called research is worthless and carries little or no weight. A well conducted objective study carries a great deal of weight.

4) When I was at med school 50 years ago, we were told that there was overwhelming evidence that tobacco smoking was closely associated with lung cancer, heart disease and oral cancer. The tobacco industry tried all ways to discredit that evidence. It was another 20 years before serious efforts were made to discourage smoking. But despite all the evidence, millions in the UK still smoke and the tobacco companies have simply shifted their energies to promoting sales in the developing world, where legislation is less restrictive. There have been joint "class actions" by smokers against the big tobacco companies claiming compensation for injury as a result of using their products, but they have failed.

5) In the UK, you cannot claim compensation from a third party just because you have suffered an injury. You have to prove that it was due to negligence by the other party (such as your employer or supplier of a product) and you have to be able to demonstrate that you were not negligent in safeguarding your own welfare.

6) To demonstrate negligence you have to be able to show that the employer or supplier has exposed you to a hazard that they were aware of (or should have been aware of) without taking all the necessary precautions to safeguard you. If they can demonstrate that it was unreasonable to expect them to to know about the hazard or that they has taken all reasonable steps to protect you, they are not considered liable.

7) Then there are the lawyers. With the very occasional exception they are not in business to improve the lot of man but (quite understandably) to make a profit - an income. Spending hours/days/weeks/ months researching a cause for an individual to bring a case which will most probably fail or at best yield a few thousand pounds in compensation is not a good business model. And once a case goes to court the costs can become astronomical. If you want Professor X from the Mayo Clinic to testify on your behalf as an expert witness, a written statement will not suffice. The defence will want to cross-question him, so you have to pay his fee, travel expenses and hotel costs. He will not be travelling economy and will not be staying in a Travelodge!!

8) The example of coal miners is a good one. Pneumoniocosis and silicosis were accepted as natural consequences of coal mining, but after much legal challenge, the National Coal Board accepted responsibility for compensating those affected by the disease. A multi million Coal Injuries Compensation scheme, backed by the government, was set up and miners assessed for their entitlement to compensation. Many miners received little compensation but the legal firms involved made millions.

So the moral is don't expect a Personal Injury Compensation firm to pick up your case and run with it on a no-win-no-fee. If you want to have any chance of success it's best if several people group together. Gather and assess the value of ALL the available evidence including the evidence that does not fit your hypothesis - because that is the evidence that the defence will use.

Unfortunately, in the case of vasculitis, including Wegeners, there is very little sound evidence avaliable as there has been very little central recording of such rare diseases.

Even the statistics for incidence of different types of vasculitis are taken from a few centres where cases are recorded then extrapolated to take in the whole population - in other words, an inspired & informed guess!

John

wooddustaffected profile image
wooddustaffected

Hi, Having changed solicitors Morgan33 's case is now progressing with the help of the right experts. Personally, I don't hold with the explanation of how legal cases go, its not really fair to frighten people from taking that route if that's what they have scope to do, and without specific individual knowledge of anyone's potential case, no one but a well experienced solicitor with specific knowledge of an individual case can advise but if you suspect you have a case and that's the route you wish to take please choose carefully whose advice you listen to, choose a solicitor extremely carefully and always check out any experts, some are not always what they appear to be or profess to be. It's not an easy route to take but that can be said of a lot of things in life. Things like expenses for experts are covered in different ways. Fees to cover costs can be covered in different ways and ATE insurance taken out by solicitors on your behalf to insure you against costs should you lose but all that is a solicitors job to advise you on correctly and they can be held to account if they don't advise correctly. No decent solicitor should or would ever place any client at risk. Not all cases go to court, some settle without, in fact these days that is encouraged by way of several pre trial meetings and joint meetings of experts and joint reports written. As I say never easy but leave it to the experts. There is peer reviewed evidence out there. Remember too that any Personal Injury case is a civil matter not a criminal one, which means the burden of proof is different. With a civil action, such as in a PI case, you only have to prove your case on a 'balance of probabilities', which isn't quite so much as in Criminal case where it has to be proved 'beyond all reasonable doubt' for a person to be found guilty of the crime. No solicitor would allow a case these days to run unless it stood a more than reasonable chance of success. A barrister would make an informed opinion on that. To get ATE insurance if that is an option, they have to asses the chances of the case giving a % that has to be over 50% or higher before they can get insurance and proceed. The example given of those suffering from autoimmune disease after being exposed to dust after the tragedy at the World Trade Center is taken out of context and serves no purpose here, except to highlight that those exposed to mixed dust and particulates can and do go on to suffer from autoimmune disease after different levels and intensity of exposure, as they have experienced a very high incidence of those exposed who go on to suffer from AD's. We have to learn from these incidents as tragic as they are. Much better examples are available. Speaking personally of my own research done for personal reasons, and as someone who did learn research skills at University at Msc level, I can only say that you can't just rely on a few google searches on the internet (but nothing wrong with that to start with but difficult to choose the wording for the search) , I've possibly read hundreds of peer reviewed research papers, articles, etc., on the subject including others associated to it, and spoken to many eminent Doctors, Scientists and Professors over several years, so have been able to form my own informed opinion which many share I find. It's a difficult subject to research as the disease can come under several headings and it depends why you're doing it as to what level you need to achieve and what you're doing it for. Research outcome can be affected by many things and so perhaps advisable to look at how they were funded for example. As they say whoever pays the piper calls the tune at times. Organisations have been known to be swayed and are influenced by money being made available to them, but that bias can be said of other organisations too. Get good advice from qualified people and remember solicitors don't all have the necessary experience or knowledge to take on such complex cases & you might have to go out of your area to find one and don't just listen to one, ask a few. Our legal system is being challenged all the time, it's how it's designed to function, so nothing

new there. Whether or not your AD is caused by anything or not best to get advice as there may be different reasons too, you might miss that if you don't ask. Research into this is increasing all the time. As victims/sufferers we must all actively encourage finding out what those causes/triggers are by encouraging research in this area as much as into new treatments. We need to prevent this in the future. Something must be causing it/acting as a trigger for it. Prevention is better than cure. Again that's what makes funding research difficult, as expensive projects often get funding from vastly wealthy drug companies who manufacture drugs and treatments, who have shareholders to keep happy by making profits, and there's no profit for them if a cure or cause is found. That said some do fund alternative research but again for different reasons, some do it just so they can appear less biased. As I say, not the best route for everyone, but good luck to anyone who choose to do that. It helps to have a supportive informed Consultant and our is. Sorry for the long block of text, difficult from a small mobile.

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