Employers responsible for deaths must contribute to care costs

An insurer’s decision to drop an appeal against a landmark court judgment should clear the way for hospices across the country to secure vital funding for the end of life care of industrial illness victims, argues the employment lawyer who represented the family concerned.

The appeal was against a decision by the High Court last year, that ruled the company responsible for the death of James Willson from an asbestos related cancer, should contribute to his hospice care costs.

Caroline Pinfold of law firm Irwin Mitchell who represented his family, welcomed the news, and said the decision would provide comfort for many industrial illness sufferers, and their loved ones, and clarity for hospices providing them with terminal care.

She said: “The judgment handed down in August last year which found 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 those who cared for him.”

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 and passed away in March 2007 after 23 days at St Joseph’s Hospice, Hackney.

“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.

“The work done by hospices across the country is selfless and it is only right that they should be able to recover some costs under circumstances such as this, to ensure that they are able to help many more terminal patients, so in need of their help.”

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 by withdrawing their appeal the defendants must recognise that this landmark decision is right. This decision is 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.”