Asbestos and the law

Our plain-English summary of Asbestos and the law, by G. Poyatos, C. Diego Roza (Archivos de Bronconeumología, 2017).

The study

• Authors: G. Poyatos, C. Diego Roza
• Journal: Archivos de Bronconeumología
• Published: 2017;53(1):5-6
• Type of article: Historical article
• Language: Spanish
• Cited by: 3 articles, as counted by NIH iCite
• Read it: PubMed · Publisher

In plain English

This was an editorial, not a research study, by a Spanish judge and a pulmonologist. It outlined how Spanish law has treated diseases caused by asbestos. The authors gave a timeline. Asbestosis was expressly listed as an occupational disease in 1961, and bronchogenic carcinoma and pleural and peritoneal mesothelioma were added in 1978. Spain then banned the sale and use of chrysotile, the only type still used there. The 2006 list included mesothelioma of any site and cancer of the bronchus and lung, and laryngeal cancer was added more recently. The authors reported that since 1996 Spanish higher courts issued at least 115 rulings on civil liability or state liability for asbestos harm, nearly all concerning workers exposed on the job. They described a 3 December 2015 ruling of the civil chamber of the Supreme Court. It recognized the right to compensation of three housewives, one already deceased, who had cleaned, shaken out and ironed their husbands' work clothes. The authors concluded that pulmonologists, who diagnose these diseases and write the reports used in claims, have a social mission that should be recognized.

We wrote this plain-English summary from the full article with the help of AI, and a second AI model checked each sentence against the article. It is not the authors' wording; the abstract and the article are their own account.

What the study did and found

• Design: editorial (legal overview; no original data)
• Who was studied: No study population. The editorial discusses Spanish law and Spanish court rulings on asbestos-related harm, including at least 115 rulings by provincial courts, high courts of justice and the Supreme Court since 1996.
• Exposure: Asbestos in general. Mainly occupational exposure from handling asbestos at work, with mention of domestic exposure from washing workers' clothes. Chrysotile is named as the only variety still in use in Spain before the ban.
• Main results:
  • Since 1996, Spanish provincial courts, high courts of justice and the Supreme Court issued at least 115 rulings on civil liability or state liability for asbestos harm.
  • A ruling of the civil chamber of the Supreme Court (3 December 2015) recognized the right to compensation of 3 housewives, one of them already deceased.
  • In that case, the women's exposure came from cleaning, shaking out and ironing their husbands' work clothes and shoes.
  • Asbestosis was expressly included as an occupational disease in Spain in 1961.
  • In 1978, bronchogenic carcinoma and pleural and peritoneal mesothelioma were added as occupational diseases.
  • Spain banned the sale and use of chrysotile, which was the only variety still being used in the country.
  • The 2006 list of occupational diseases included mesothelioma of any site and malignant neoplasm of the bronchus and lung.
  • The list was recently extended to recognize laryngeal cancer as an occupational disease related to asbestos exposure.
  • The authors stated that pulmonologists have a leading role in bringing the justice system closer to the asbestos problem.
• The authors' conclusion: The authors concluded that pulmonologists, who diagnose asbestos-related diseases and prepare the medical reports used in compensation claims, have a social mission that should be recognized.

Topics

The National Library of Medicine indexes this study under subjects our site covers: Asbestosis.

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• Jock McCulloch (1945-2018): A Tribute — G. Tweedale, B. Castleman (2018)
• A camel through the eye of a needle: expertise and the late recognition of asbestos-related diseases — A. Menéndez-Navarro (2011)
• Global asbestos justice: South African asbestos victims win right to sue Cape PLC in U.K. courts — L. Kazan-Allen (2001)

Browse more research in Archivos de Bronconeumología, or return to medical research.