Lawyers representing the family of a man who died from negligent asbestos exposure said that ‘justice had been done’ as a landmark, High Court ruling found that the company responsible for his death should contribute to his hospice care costs.
In 1951 James Willson, 20, finished his National Service and went to work erecting new boilers at Deptford Power Station where he was regularly exposed to asbestos. More than 50 years on in 2006 he was diagnosed with mesothelioma(1) and sadly passed away in March 2007 after 23 days at St Joseph’s Hospice, Hackney.
Caroline Pinfold from law firm Irwin Mitchell’s specialist asbestos related disease team represented the family, and said the judgment would provide comfort for many mesothelioma sufferers and their loved ones, and clarity for hospices providing them with terminal care.
Caroline Pinfold said:
"The judgment, which finds that the company responsible for Mr Willson’s death must cover all of his hospice care costs, has provided much comfort to his family, who remain extremely grateful to the hospice that cared for a loved and missed father, grandfather, and great-grandfather.
"They welcomed the additional care provided at St Joseph’s which helped to ease Mr Willson’s pain, and felt compelled to give something back to the staff who provided so much support. But, like many families, they were restricted by limited funds."
Mr Willson’s two daughters and a granddaughter had drawn up a rota to provide care to him 24 hours a day after he was diagnosed with mesothelioma, but eventually he became too ill to remain at home.
His daughter, Catherine Drake, said:
"It was important to my family to show how grateful we were to St Joseph’s Hospice, which had provided so much excellent support and comfort for us and my father as his pain became worse towards the end. The hospice staff could not do enough for us all and it seemed unfair the company that caused his suffering did not have to pay the hospice in some way.
"Donations to the Hospice are voluntary but my sister and I were determined to ensure that something was done. We could not be more delighted by the outcome which means that the hospice will recover most of the costs generated while caring for my father, and these can now be used to care for someone else."
The landmark judgment handed down by HH Judge Anthony Thornton QC at the Royal Courts of Justice on 5 August found that the defendant Foster Wheeler Limited which employed Mr Willson when he was exposed to asbestos, should pay the costs for the care provided by St Joseph's both at the hospice and when he was at home.
Caroline Pinfold said:
"There is no doubt that justice has been done and that this landmark decision will be welcomed by the family of Mr Willson and other victims of asbestos related diseases, who rely on palliative care to relieve their suffering. It also now provides a legal basis for hospices to be repaid for the tremendously valuable work they do where their care has been needed as a result of someone else’s wrong doing."
Michael Kerin, chief executive for St Joseph’s Hospice, Hackney said:
"We are delighted that the judge has recognised that whilst our work is supported by voluntary donations and open to all, there is a financial cost in providing these. It seems only fair that these costs should be repaid in cases such as this, which will help us to continue to provide the service for others."
References
Over two thousand people are diagnosed with mesothelioma every year. Mesothelioma is a type of cancer that is almost always caused by asbestos exposure. It does not respond well to treatment and treatment options are limited. Employers have a duty to take precautions with asbestos. There is no safe type of asbestos, and no safe level of asbestos exposure.
Notes to editor
For more information contact law firm Irwin Mitchell
