Work Related Parkinson’s Disease - A Set Back for Victims

For years, there has been speculation about a link between Parkinson’s and certain occupations and substances. Research over the years began to point toward a widely used chemical called trichloroethylene (TCE) being a potential cause of Parkinson’s but research proved to be inconclusive.  

Parkinson’s disease is a progressive disorder affecting the nervous system, leading to symptoms such as tremors, stiffness, and slow movement, which significantly impact mobility and speech. While not fatal, it severely affects quality of life. 

 

Although the condition has no definite cause and may be a triggered by multiple factors, key factors such as genetics, environment, and occupational exposure to chemicals like TCE have been considered.  

TCE, a colourless and volatile solvent, has many industrial, commercial, medical, and military uses. It’s degreasing properties has brought TCE into contact with a huge cohort of workers in manufacturing and in the military. 

In this recent case, the Court of Appeal examined the link between TCE exposure and Parkinson’s disease following an appeal by defendant Poeton Limited. Initially, Michael Holmes, a former employee, successfully claimed that his Parkinson’s was caused by TCE exposure at work. The trial judge, His Honour Judge Harrison, found enough evidence to support this link. 

Poeton Limited appealed the decision, reopening the debate on the cause of Parkinson’s and raising broader issues about the legal tests applied to damages claims in disease and clinical negligence cases with multiple causes of injury. This involves the principle of material contribution to injury, commonly debated in cases involving competing causes of cancer where someone has been exposed to asbestos but also smoked. It also arises in cases where a person is exposed to the same toxic agent, but some exposure is due to negligence and some non-negligent: for example, in occupational exposure to the effect of cancer-causing UV radiation from sunlight. 

The Court of Appeal carefully considered the lengthy evidence given in the case by eminent experts in neurology and epidemiology, and overturned the initial decision, ruling that the link between TCE exposure and Parkinson’s was not legally strong enough to establish liability 

This decision contrasts with global perspectives, especially studies on military veterans in the USA exposed to contaminated water at Camp Lejeune, which showed a significantly higher rate of Parkinsons 

Research led by the University of California, San Francisco, found a strong environmental link between TCE and Parkinson’s, prompting legislation to compensate affected veterans. Similarly, Australia has recognised a link between TCE exposure and Parkinson’s, allowing affected service personnel to claim compensation. 

At Thompsons, we are currently evaluating the implications of the Court of Appeal's judgment for those affected by Parkinson’s after workplace TCE exposure. Many believe this may only be the beginning of a larger issue yet to be fully understood. 

We remain committed to supporting those impacted by workplace-related illnesses and advocating for fair compensation and justice. 

 

If you or a loved one have a work-related illness, please contact us to find out if you can make a claim.
 
Our lawyers are more than happy to give you a call to discuss your claim at a time and date suitable to you.

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