On June 18, 2003, Dr. Martin Muers, the principal investigator of MS01, acknowledged the assistance of the June Hancock Fund at a meeting at the Royal College of Physicians, London; 350 nurses, general practitioners, medical specialists and victim support representatives attended the event: The Management of Mesothelioma. The presence of a capacity crowd confirmed the view that interest in mesothelioma has risen exponentially amongst the medical community in recent years. The opportunity for leading UK epidemiologists, pathologists, clinical oncologists, radiologists, surgeons, researchers, physicians and patient representatives to discuss their work produced a lively and informative debate about current research and treatment alternatives. While there were differences of opinion over the optimal management of mesothelioma, there was a consensus that a "nihilistic attitude" towards the disease was outdated: according to Dr. Robin Rudd: "It is never appropriate to tell a (mesothelioma) patient there is no treatment - (at the very least) there is active symptom control and this is very important." While the ultimate aim remains a cure, the alleviation of debilitating symptoms such as breathlessness, pain and fatigue can vastly improve a patient's quality of life. The need for cooperation between specialists was a recurring theme. Describing his input as one of "accurate clinical assessment and diagnosis," chest physician Robert Milroy highlighted the importance of multidisciplinary cooperation in the designing of individualized management plans. Difficulties in accessing mesothelioma data were described by Clinical Nurse Specialist Erica Lowry from the West Anglian Cancer Network who explained that "no central data source for mesothelioma" existed. Outlining the range of available sources, she commented that the weirdest one was a shoe box in which one doctor kept various useful bits of information. Praising the pioneering work of Macmillan Nurse Mavis Robinson, who has now retired, Ms. Lowry was optimistic that the National Macmillan Mesothelioma Resource Center, Leicester would soon be operational. For information on this initiative, contact Liz Darlison (email: liz.darlison@uhl-tr.nhs.uk). The launch of information booklets: Understanding Mesothelioma and Understanding the Mesothelioma Treatment Trial (MS01), by Debbie Coats from Cancer BACUP brought the conference to a close. These and other publications can be obtained from the website: www.cancerbacup.org.uk or freephone 0808 800 1234.
While researchers look to the future, asbestos solicitors deal with events which took place decades ago. In Scotland, the traditional rules of court disadvantaged mesothelioma claimants, most of whom died before their cases were resolved. The introduction, therefore, of procedures to fast-track compensation claims for plaintiffs with terminal diseases was warmly welcomed by victim support groups, trade unions and politicians. Harry McClusky, the Secretary of Clydeside Action on Asbestos, says: "While it is still early days, we feel that the knowledge that judges will no longer tolerate delays in terminal cases has filtered through to defendants who now seem more willing to settle." The new rules, which came into effect as of April 1, 2003, include a timetable for managing individual claims which is strictly monitored with a view to completing litigation within one year; there are also provisions in the rules to make an application for a much earlier date where the pursuer is dying from mesothelioma. The scope for the introduction of third parties into actions has been restricted to 28 days after the lodging of defences. In addition, the Lord President has made provision for expediting qualifying cases which pre-date the new regulations by application to the Keeper of the Rolls for a By Order hearing. These changes appear in two Practice Notes issued by the Lord President; these documents, more flexible than Rules of Court, are an indication of the policy of the Court in its treatment of personal injury actions. "The Practice Note sets out the approach that the Court will expect practitioners to take when raising these actions and it indicates what the policy of the Court will be in considering them. It is therefore equally applicable in every case, regardless of the parties who are presenting the case or the judge who is hearing it." According to Solicitor Advocate Frank Maguire, of Thompsons' Solicitors, Glasgow, in the three months since these rules have been in place:
"We have taken a number of live mesothelioma cases forward. Last Wednesday, I appeared before the Court of Session and made an application for an earlier date for a hearing for a pursuer dying of mesothelioma. The Court granted the trial date I was seeking which was July 15th. The expectations that we have of the new rules were clearly met in this instance. We will be making further applications in other cases and will see what pattern emerges."
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