This is a significant decision that could provide welcome support to many, as well as much needed income to the hospices around the UK that do such sterling work on minimum funding.
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(PRWeb UK) September 13, 2010
Wolferstans Solicitors has welcomed a breakthrough decision in relation to the treatment of Mesothelioma Patients and is encouraging hospices caring for those suffering from the condition to actively seek the recoverable financial costs they are currently missing out on.
The Judgment by His Honour Judge Anthony Thornton QC, handed down in the case of Drake and Starkey –v- Foster Wheeler Limited*, held that the reasonable and necessary costs of a hospice providing essential palliative care, in cases where a terminal decline in health was as a direct result of malignant mesothelioma caused by exposure to asbestos, would be recoverable. It was ruled that any award would be paid directly to the hospice rather than the estate, which in this case awarded the hospice £10,021.00.
James Walsh, Head of Industrial Disease unit, Wolferstans, comments, “This is a significant decision that could provide welcome support to many, as well as much needed income to the hospices around the UK that do such sterling work on minimum funding.”
Colleague John Messham also praised the landmark decision, “I’ve been practising Asbestos litigation for over 25 years now, dealing with cases distressing to sufferers and their families, and any decision that offers assistance to them, and helps keep open the hospices that help them through such dark days, is something we should all be thankful for."
Wolferstans is an APIL (Association of Personal Injury Lawyers) accredited practice and its clinical negligence team has been identified by the UK's leading guides to the profession, Chambers and Partners and The Legal 500, as experts in the field.
For further information contact:
Simon Whittam at SWPR
*(1) Catherine Ellen Drake (2) Tina Starkey (Executrices of the Estate of James Thomas Wilson, deceased) v. Foster Wheeler LTD (2010)
(2010) EWCH 2004 (QB)
QBD (Judge Anthony Thornton QC) 5/8/2010