Rodney Nelson-Jones has recovered compensation for the cost of a claimant’s hospice care in a case that is thought to be the first of its kind. Hospices are generally exclusively funded by charitable donations. As part of the settlement, the firm was able to recover £12,500 to be paid over to the hospice.
The case arose out of the death of a 64 year old man due to mesothelioma, an asbestos-related cancer, in December 2007 after spending his final days being cared for in a North London Hospice dedicated to cancer patients.
Throughout his life he had worked as a carpenter, painter and labourer. In 1963, whilst employed as a painter for J Murphy & Sons Ltd, he was exposed to asbestos dust whilst sanding down and filling in walls in prefabricated housing containing asbestos. He was then exposed to further asbestos when working for them at a factory in Dagenham, cleaning debris from the guttering on roofs made from corrugated asbestos.
In August 2005 he was diagnosed with mesothelioma, an asbestos related cancer on the lining of one of his lungs. He was eventually admitted to the hospice where he spent the last month of his life.
Rodney Nelson-Jones, partner in the Asbestos Claims Group at Fieldfisher, was instructed to claim compensation on behalf of the family. The firm was able to recover £170,000 from J Murphy & Sons Ltd, £12,500 of which is being paid to the hospice which provided him with care worth over £400 a day.
This is thought to be the first time that compensation has been recovered for a patient’s hospice care, which is usually funded by charitable donations. It has long been possible to recover compensation for the value of care provided by relatives. FFW’s innovation has been to extend this principle to charitable care provided by hospices. The firm plans to continue to claim the cost of hospice care in future mesothelioma cases.
Rodney Nelson-Jones commented:
“We are delighted to have been able to secure extra funding for the hospice. Hospices do a wonderful job and rely on charitable donations to provide much needed palliative care for cancer patients. We hope that this case will mean that they are now provided with an additional source of funding.”
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
Asbestos rulings provide glimmer of hope for cancer sufferers
Employers can no longer hide behind a statistic that claimed to show a ‘safe’ level of exposure, which could pave the way for a wave of compensation claims, writes Peter Williams for The Times Brief.
Claimant lawyers hail landmark asbestos risk ruling
Caroline Pinfold's landmark case of Bussey vs Anglia Heating Ltd. was featured in the Law Society Gazette
Court of Appeal offers compensation hope to victims of asbestos poisoning
A landmark ruling that could pave the way for compensation for thousands of people suffering from cancer caused by asbestos.
BTOG Conference 2018
Fieldfisher attended the 2018 British Thoracic Oncology Group Conference held in January 2018.