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Update: personal injury

Vijay Ganapathy discusses recovering hospice treatment costs, overcoming the burden of proof in cases on industrial deafness, solicitors’ hourly rates and occupiers’ liability

27 September 2010

Hospice care costs

In Drake & Others v Foster Wheeler Ltd [2010] EWHC 2004 (QB), the family of a boiler worker (W) diagnosed with a terminal illness were able to claim a large proportion of a hospice’s treatment costs for providing him with care in the last days of his life.

W sustained asbestos exposure during his employment with the defendant (F). In 2006, he was diagnosed with mesothelioma (a terminal cancer of the lining of the lungs). Following his discharge, his two daughters and one of his granddaughters looked after him. His condition deteriorated rapidly.

One of his daughters effectively moved in with him to provide constant care. All of W’s carers found looking after him arduous and their own health began to suffer. Consequently, he was admitted to a hospice (H) where he received palliative care for 23 days until he died.

W’s daughters (D) brought proceedings on behalf of his estate under the Fatal Accidents Act...

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