Our cases in the press

Our succsssful client cases are often covered in both the local and national press. Many of which are used by the press (both broadcast and print) to highlight the issue of care home residents with health needs paying for their care when in fact it should be the financial responsibilty of the NHS through continuing care.

Our  legal experts are also asked on many occasions to comment on the topic.

Hugh James have successfully won hundreds of cases for people to reclaim their care home fees. Some of the most public and well known examples include:

Mrs Phyllis Blatchford

Mrs Phyllis Blatchford was admitted to a nursing home in June 2006. Due to her capital and income, the family were told that she had to pay for her own nursing care.

Mrs Blatchford suffered with dementia and was admitted to Derriford Hospital in Plymouth in 2006 as she suffered a stroke. The family were informed that she could not return home as she required 24 hour nursing care and she was then admitted to the Tamar Nursing Home in Saltash, Cornwall. She remained here until she sadly died in February 2010 aged eighty eight.

With the help of Hugh James solicitors, the family have now recovered all the nursing home fees wrongly paid, amounting to almost £70,000 in total.

Related articles:

Mr Robert Beaman

Mr Robert Beaman was admitted to a nursing home in 2009. Due to his capital and income, the family were told that he had to pay for his own nursing care. With the help of Hugh James solicitors and after a four year fight, the family have now recovered the nursing home fees wrongly paid.

Mr Beaman, a retired postman, suffered with Parkinson’s disease and Lieu Body dementia. Following a fall which resulted in a broken hip requiring surgery, Mr Beaman was admitted to St Peter’s Hospital in Surrey. The family were informed that he could not return home as he required 24 hour nursing care as his dementia had worsened and he was now in a wheelchair unable to weight bear. Mr Beaman was then admitted to Sunrise Senior Living Care Home in Bagshot, Surrey where he remained until he died in December 2010.

Related articles:

Mrs Ada Whittaker

Mrs Whittaker from Rossendale, suffered with dementia and was unable to care for herself. As a result she was admitted to Turfcote Nursing Home in Rossendale in December 2001 where she remained until she died on 1 March 2009. Hugh James solicitors have successfully helped the family of the late Mrs Ada Whittaker to recover over £90,000 in wrongly paid care home fees from the NHS.

Hugh James Solicitors, who acted for Mrs Whittaker’s family, commented that “Families like Mrs Whittaker’s need to be aware of the deadline for NHS Continuing Healthcare claims. It is important that they take steps now so that they don’t miss out.”

Related articles:

Evangeline McConnell

Eighty eight year old Evangeline McConnell suffered a severe stroke in October 2002 and was admitted to the Royal Albert Edward Hospital in Wigan. She was then transferred to Leigh Infirmary in Lancashire for 6 months for rehabilitation. However, the family were informed that she could not return home as she required 24 hour nursing care.  Mrs McConnell was then admitted to the Arncliffe Court Nursing Home in Halewood, Liverpool in April 2003 and later to St Bartholomews Court Nursing Home in Huyton, Merseyside where she sadly died on the 3 November 2011.

Following a seven year fight with the help of Hugh James nursing care, the NHS have admitted that their decision on care fees was wrong and the family of Mrs Evangeline McConnell have finally been reimbursed with £117,000 in wrongly paid care home fees.

Read the full release relating to Evangeline McConnell

Related press articles:

Leslie Terry

Following illness eighty-six year old Mr Terry was admitted to the Gloucester House Nursing Home in Sevenoaks, Kent in December 2002. Mr Terry suffers with Alzheimer’s disease, and dementia. Mr Leslie Terry’s nephew Bryan Talbot and the family have campaigned, with the help of Hugh James solicitors, to recover wrongly paid nursing home fees that should have been paid by the NHS. We proved that he had ‘health needs’ which meant he was entitled to NHS continuing healthcare and did not have to pay an average of £3500 per month for his long term nursing care.

Read the full release relating to Leslie Terry

Related press articles:

Marjorie Eyton Jones

Mrs Marjorie Eyton-Jones was admitted to a nursing home in August 1998. Due to her capital and income, the family were told that she had to pay for her own nursing care which totalled over £165,000. Mrs Eyton-Jones suffered with Alzheimer’s disease, as a result of her illness, she was agitated, totally confused and disorientated in time and place and was aggressive to others. With the help of Hugh James solicitors and after a six year fight, the family have now recovered all the nursing home fees paid.

Read the case summary

Related press articles:

Mr Harry Denham (deceased)

Mr Denham was admitted to Beechwood Park Nursing Home in July 2002. He was totally reliant on nursing home staff for all his activities of daily living.  Mr Denham paid a contribution of £85 per week until his wife’s death in April 2003 and thereafter had to pay approx £750 per week until his death. Hugh James successfully challenged the Local Health Board’s decision to refuse continuing health care funding and Mr Denham’s estate was reimbursed over £100,000 in nursing home fees.

Related press articles:

Eileen Puc

Eileen Puc has been a resident in a nursing home since June 2005, she has suffered three strokes and as a result is immobile. She suffers with diabetes which is described as unstable and has other health conditions.

The specialist nursing care team at Hugh James and Eileen’s family are having to prove she has ‘health needs’ which mean she is entitled to Continuing Healthcare and won’t have to pay £1,825 every month needed for her own long-term nursing care. Mrs Puc has paid over £60,000 in nursing home fees to date. Hugh James, on behalf of Mrs Puc, made a complaint to the Public Services Ombudsman for Wales as the decision made by Cardiff Local Health Board, that Mrs Puc should pay for her fees, was not compliant with Welsh Assembly criteria and was flawed.

Read the case history

Related press articles:

Edna Witt

Mrs Edna Mary Witt became a resident of Homelea Residential Care Home, East Sussex in September 2005 and later transferred to the Sovereign Lodge Care Centre, also in East Sussex in 2009 where she still resides. She has paid nearly £150,000 in fees since she went in to care.  Mrs Witt suffers from dementia plus a number of other illnesses, including problems with her heart and kidneys.  Hugh James were initially instructed in March 2009. Mrs Witt now receives continuing care from the NHS.

Update (April 2012): Following a retrospective review, the Primary Care Trust agreed that Mrs Witt should have been eligible for Continuing Healthcare from her admission to the care home in 2005 and have reimbursed her over £100,000 in wrongly paid fees.

Related press articles:

Peter Sampson

Mr Peter Sampson, a former Bristol Rovers football player was admitted to a care home in Bristol in 2005. He suffered withAlzheimer’s disease and as a result was confused and disorientated. He was doubly incontinent and he could not communicate and was reliant on the staff to anticipate his needs. As his health deteriorated, he became immobile, had difficulty swallowing and needed someone to feed him. He sadly died in May 2009.

After a four year battle and with Hugh James assistance, Mr Sampson’s family were reimbursed over £100,000 in wrongly paid nursing home fees.

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