Court supports care at home for mesothelioma victims
In a significant win, the Dust Diseases Tribunal handed awarded Segelov Taylor client, Ron Phillips $664,393.03 plus costs which included a significant allowance for future care in the community.
Segelov Taylor Lawyers commenced a claim on behalf of Mr Phillips against James Hardie & Coy Pty Ltd (now Amaca Pty Ltd) just before Christmas.
Lawyers for James Hardie argued that the company should only be required to pay for the lower-cost option of Mr Phillips being cared for in a nursing home, however Mr Phillips insisted he be given the choice to spend his final months living in the community, with James Hardie compensating him for the cost of care by his family and professional nurses. The Court agreed (download judgement), and awarded compensation to pay for nursing and other care in the community.