Landmark Case In Asbestos Claims

A major landmark decision in the High Court means that hospices that care for victims of mesothelioma may be entitled to help with treatment costs

. The court has ruled after a three year legal battle that a company which exposed one of its former worker to asbestos should pay for part of his or her hospice care.

This ruling is crucial as it means that hospices may not have to rely solely on charitable donations.

The case concerned James Willson, who had developed mesothelioma after being exposed to asbestos in the workplace. The court ruled that his firm, Foster Wheeler must pay St Josephs Hospice in Hackney 10,000 to cover part of Mr Willsons medical care.

As it stands at the moment a bed at St Josephs costs about 900 a day, with 35% of this fee being funded by the NHS. The remaining 65% comes from charity, and so the solicitors of St Josephs argue that such companies or even their insurers should be liable for the remainder.

This ruling could have opened the floodgates to thousands of claims from hospices from around the UK, as mesothelioma cases are set to increase to 2,500 a year within a decade.

This devastating disease is usually associated with former workers at power stations, shipyards and building sites, as asbestos was prevalent as an insulator and a fire-retardant. The disease is particularly devastating as symptoms could not appear until 50 years later after exposure. Most people tend to die within a year of diagnosis.

The catchment of St Josephs hospice is known as a mesothelioma hotspot as it has the third highest number of incidents among women in the UK. This was because of the proximity to the Ford plant where asbestos was used in brake parts and Cape, a factory that cut asbestos until the 1960s.

The amount of compensation granted can vary and does depend on the age of the claimant. The payouts do tend to range from 50,000 to 400,000.

by: Antonia Torr

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