Database

The government initiatives on nanotechnology have identified several difficulties with risk assessment and regulation of risk. Work is progressing towards developing a language and methodology for risk assessment, focussing mainly on potential human health effects. In our view, current regulations are not well adapted to the proactive risk assessment of these engineered nanoparticles and the prediction of liability risk exposure remains highly uncertain. Most of the relevant regulations have the capacity to support retrospective interventions e.g. restrictions on supply after a harmful event has occurred. Evidence from: Department of Trade and Industry. October 2006. URN 06/1992 ‘Nanoscience and Nanotechnologies: Opportunities and Uncertainties’. Two-Year Review of Progress on Government Actions” Financial quantification of risk, the cost of control or mitigation, compensation and manifestation time-scales are not being tackled in a systematic way. Interest in economic and social

Evidence from: NJ Savill et al. Nature (2006) Vol.442 p 757 “Silent spread of H5N1 in vaccinated poultry” The first reports of the effectiveness of poultry vaccine indicated high levels of protection from disease and high levels of disease containment. Doubts remained about the widespread use of vaccination: o It would not be possible to distinguish vaccinated from diseased birds by blood test. o A diseased bird would present a risk of infection to others. o A vaccinated bird may still be vulnerable to disease. o Low levels of disease would be harder to detect. The present theoretical (computer modelling) research was designed to test whether vaccinated flocks could spread H5N1 disease. Findings: 90% of a flock would need to be vaccinated before the risk of disease propagation was reduced to 50%. Highly vaccinated flocks had a small probability (less than 10% chance) of transmitting disease to healthy but unvaccinated flock, the reason being that diseased birds in the vacci

The Department of Health is proposing to increase the organisation and professionalism of medical expert witnesses in family law cases. Expert work in child protection cases is considered part of the remit of the NHS [to protect children] and could be paid for as a public service. The model has many features which could be applied to other expert witness work and would lead to greater accountability. Evidence from: Department of Health Consultation. October 2006. 277342 “Bearing Good Witness: Proposals for reforming the delivery of medical expert evidence in family law cases – Consultation” Quality assurance, peer review, mentoring and a knowledge service are all potentially transferable to other areas of medical expert witness work. Audit of opinion vs. objective outcomes could also be useful in increasing the accuracy of advice and this would be facilitated by the existence of a more organised body of expert witnesses. Further detail: 6#7-8 12

The detection rate for mesothelioma was assessed by comparing death certificate information with a register of mesothelioma patients. 75% of known cases were detected in routine practice. Evidence from: DR Camidge et al. British Journal of Cancer. (2006) Vol.95 p 649 – 652. “Factors affecting the mesothelioma detection rate within national and international epidemiological studies: insights from Scottish linked cancer registry-mortality data” Where mesothelioma was not the primary cause of death there is a good chance that the person concerned, and their relatives, would not know they had the disease. Further detail: 6#7-8 11

The study finds weak evidence of an increased risk of rheumatoid arthritis in those with exposure to asbestos dust. Evidence from: CW Noonan et al. Environ Health Persp. (2006) Vol. 114 p 1243 – 1247. “Nested Case–Control Study of Autoimmune Disease in an Asbestos-Exposed Population” This was very much a preliminary study but raises the possibility of compensation claims for asbestos related lung disease to include some element of compensation for arthritis. It seems very unlikely that any claim would be for arthritis alone. Further detail: 6#7-8 10

This court decision provides a specific interpretation of environmental protection legislation in South Africa. It is unlikely to set a wider precedent but will be of interest to those with South African exposures. It finds that there is no liability to clean up contamination which was caused before the environmental protection legislation came into effect in 1999. Evidence from: T Field. Journal of Environmental Law. (2006) Vol.18#3 p 479 – 494 “Liability to Remedy Asbestos Pollution.” Only those who cause contamination after the date of effect of the National Environmental Management Act 107 (1998) would be expected to pay the costs of remediation. Further detail: 6#7-8 9