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Substantial mesothelioma settlement against NHS

Hugh James were instructed by Mrs T, a 65 year old lady who had worked for the NHS as a nurse for 43 years. Mrs T was negligently exposed to asbestos whilst working at H.M Stanley hospital and Glan Clwyd hospital. She was diagnosed with mesothelioma in February 2019. Liability was admitted early on in her claim and only the issue of quantum remained.

Given the age of Mrs T and her significant likely loss of life expectancy, this was a high value claim. Hugh James endeavoured to claim services within the lost years which, in this case, were significant but not technically recoverable during the claimant’s lifetime under the current law.

Due to the value of the claim, a settlement agreement could not be reached outside court. Court proceedings were commenced and, following Case Management Conference, the Master ordered future treatment costs and services in the lost years to be dealt with on a posthumous basis. This was a positive step for Mrs T and will allow her executor to recover further compensation for a head of loss which is usually only recoverable in a fatal claim.

Hugh James made an offer of settlement in the sum of £350,000 gross, with the costs of private treatment and services in the lost years to be dealt with in addition posthumously. This was later accepted by the defendant.

Mrs T commenced private paying immunotherapy during the claim before progressing to immunotherapy which became available on an NHS trial. The associated private costs will be recovered on a posthumous basis.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.


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