Does Fairchild Only Apply To Mesothelioma

Court of Appeal decides that the Fairchild causation exception applies in lung cancer cases. The case is significant in that to date the Fairchild exception has only been applied to mesothelioma claims, and this is the first time the Court of Appeal has been asked to consider its application to a lung cancer case.. The Fairchild exception is a relaxation of the normal test for causation. A mesothelioma victim is able to prove that a particular exposure to asbestos caused the mesothelioma by proving that the exposure was such as to create a "material increase in risk" of the victim contracting the disease..

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