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British Man Takes Asbestos Fight to European Court

A British Man with pleural plaques, who is angered by the fact that Law Lords have ruled people with the disease should not be encouraged to sue, has decided to go one step further in seeking compensation for his disease. He’s taking his fight to the European Court of Human Rights.

According to an article in the Liverpool Echo, retiree John Johnson claims the law lords’ decision breached the European convention on human rights.

“I used to be so active and now I am almost incapacitated,” the 78-year-old Johnson told the newspaper.

“I am always out of breath, particularly in winter when the chill gets to my chest. I would love to do more exercise. I am not the sort to mope around.”

Johnson, who was a maintenance fitter for Yorkshire Imperial Metals in Kirby for more than 36 years, says he lives in constant fear of developing mesothelioma as do many of his co-workers and others diagnosed with pleural plaques, which are scars on the lungs that make breathing difficult and sometimes painful.

Johnson was diagnosed with the condition in 2004. He immediately began a legal compensation battle, but within just a few weeks of filing his papers, the court of appeal ruled against pleural plaques sufferers.

“Judges said people with the condition should only receive compensation if they develop full-blown mesothelioma, thought to occur in only a small portion of cases,” the article points out. However, Johnson claims he is getting weaker.

“I have had problems for seven or eight years and it is getting worse,” he notes. “My wife Shirley comments on my breathing and I have to use a pump. At 78 years, I have had a good run but I would like to be able to take her on a long, relaxing holiday.”

“I am furious at the way this decision was taken.”

In nearby Scotland, Scottish ministers are set to overturn a similar decision, opening the door to allow pleural plaque sufferers in that country to seek compensation for their injuries.

Mr. Johnson, whose case is listed as Johnson vs United Kingdom, is now awaiting the European court’s ruling.

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