Over 400 members of the Personal Injury industry converged on the Hilton Manchester Deansgate last week (28th November) to celebrate outstanding achievements in the 11th annual Personal Injury Awards.
Of the awards presented, Kings Chambers is proud to have played a decisive role in the “Outstanding case of the Year” award, which was won by Irwin Mitchell. The case, Scott v John Atkinson, broke new ground in securing costs payments for immunotherapy treatment in mesothelioma claims. Together with Kings Chambers’ Jeremy Roussak and Michael Rawlinson QC, Ian Toft and members of the Irwin Mitchell team represented the claimant in a case that sought to ensure that both claimant and defendant parties could enter into an agreement at the beginning of litigation after a decision on liability was reached for funding for such treatment, with a PPO model being used.
In this case, immunotherapy was terminated on the discovery of a separate tumour. IM therefore put a Trust in place whose sole purpose was to receive and then pay to the provider, the costs of immunotherapy provision when needed, inclusive of any travel costs, at the insurer’s expense. The agreement ensured that the insurers paid lump sums to enable treatment when Mr Scott’s treating oncologist recommended recommencement of immunotherapy, on the basis that any excess funds would be paid back to the insurer out of the Trust, with the situation continuing for as long as would be needed. Additionally, no provision for countermanding the treating oncologist’s recommendations (i.e. with an insurer-hired expert) was made, realistically ensuring a vital “ease of access” to treatment.
It is hoped that this case will play a significant role in the future when it comes to supporting mesothelioma victims and we are delighted that it has been recognised by the Personal Injury industry for the landmark case it was.
You can read Michael Rawlinson QC’s original article on immunotherapy costs in mesothelioma cases in full, here.
Winckworth Sherwood in conversation with Kings Chambers
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