An Australian judge hearing the case of an 84-year-old man diagnosed with malignant mesothelioma put a stop to an asbestos company’s arguments against having to pay for his care at home, saying that the man has a right to some comfort in his final days. Judge Wendy Strathdee of the Dust Diseases Tribunal of New South Wales was hearing the case of Ronald William Phillips, a former architectural designer whose asbestos-related disease has been blamed on contaminated products sold by James Hardie. The previously active octogenarian had been living on his own in a beachside town prior to his diagnosis, then moved to a rented apartment where he has been receiving nursing care from professionals, family and friends. But James Hardie company attorneys objected to the expense and insisted that they only should have to pay for care at a nursing home. The judge rejected their argument.
Speaking of the suffering caused by malignant mesothelioma and the short time left to him, Judge Strathdee said, “He deserves to be comfortable and, to the extent, that he might find some comfort looking out from the balcony to see his beloved beach and boardwalk, it is reasonable for that to be provided to him.”
Attorneys for Mr. Phillips hope that the judge’s decision will serve as a model for future mesothelioma cases, allowing those diagnosed with the rare and fatal form of cancer to receive enough compensation from those responsible to allow them to live out their final days in the way that they choose. Mr. Phillips ended up receiving just over $644,000 in damages.
If you or someone you love has been diagnosed with malignant mesothelioma, it is important that you have a knowledgeable representative helping to guide you in your decisions and inform you of your rights. For more information, contact us today at 1-800-966-2244.