A landmark High Court ruling has found that the company responsible for James Willson’s death from mesothelioma should contribute to his hospice care costs.
Lawyers representing Mr Willson’s family said that “justice had been done”.
Mr Willson started work Deptford Power Station in 1951. He was just 20 at the time and he was regularly exposed to asbestos when erecting new boilers.
In 2006 Mr Willson was diagnosed with mesothelioma. Sadly he passed away in March 2007 after spending 23 days at St Joseph’s Hospice in Hackney.
Caroline Pinfold, a specialist in mesothelioma claims represented the family. She said the judgment would provide comfort many people with mesothelioma and their families, as well as providing clarity for hospices dealing with people in similar situations.
“The judgement, which finds 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” said Caroline Pinfold.
She added: “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 judgment handed down by HH Judge Anthony Thornton QC found that Mr Willson’s hospice costs should be paid by Foster Wheeler Limited who were Mr Willson’s employers at the time he was exposed to asbestos.
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.”