A landmark court case ruling on a mesothelioma disease claim has ruled that a payout is due to a hospice.
James Wilson sadly passed away in March 2007 after a courageous battle against mesothelioma. Mesothelioma is an incurable cancer of the lungs caused directly by exposure to asbestos. Mr Wilson worked as a boiler erector at Dartford power station during the 1950s, and during his work there for the company Foster Wheeler Ltd., he was exposed to levels of asbestos. During that period of time, workers were not warned or made aware of the dangers of asbestos and were not given any protective equipment.
Much of Mr Wilson’s family, including his grandchildren and daughters Catherine Drake and Tina Starkey have successfully claimed compensation from Foster Wheeler Ltd. However, in a landmark ruling at London’s High Court last week, it was decided that St Joseph’s Hospice in Hackney was entitled to damages from the company too.
The Judge decided that the Hospice should be awarded just over £10,000 from the company. The hospice cared for Mr Wilson after his condition deteriorated and his family could no longer cope and care for him at home. The Judge acknowledged the charitable and free care that the hospice provided.
Foster Wheeler argued that the hospice was unable to claim as it had no contract with Mr Wilson. This was rejected in court, and this case sets a legal precedent for hospices to claim after caring for the terminally ill who were injured by someone else’s negligence.