Securing treatment: mesothelioma case highlights innovative funding approach.

Immunotherapy is a cutting-edge cancer treatment that harnesses the immune system to fight cancer cells. NICE approved the use of Ipilimumab and Nivolumab for use as 1^st line treatment in the NHS for mesothelioma patients on 17 August 2022. Prior to this, patients could only access immunotherapy as a private treatment, or as a second line treatment following chemotherapy under the NHS England Covid guidelines. Mr K was a patient who, at the time, could only access the treatment privately.

Although immunotherapy is now available on the NHS private treatment still remains relevant to mesothelioma claims as ipilimumab/nivolumab via the NHS is not necessarily suitable for every patient, and the most suitable treatment may not be available on the NHS. Or the patient may benefit from having the treatment in a different sequence from the prescriptive NHS approved regimes, or even access novel drugs. It may benefit them to have greater flexibility than the NHS can allow.

Traditionally, mesothelioma victims relied on compensation from settlements to cover treatment costs. However, cases often take time to resolve, and some patients can be forced to accept lower settlements upfront to fund urgent care. This can leave them struggling to pay for ongoing treatment as their condition progresses.

Mr. K, a widower and former Royal Fleet Auxiliary engineer, faced this dilemma. Diagnosed with mesothelioma due to asbestos exposure aboard Royal Navy ships, he initially remained active and postponed chemotherapy and immunotherapy. But as his condition progressed, he needed a plan to ensure his treatment costs would be covered while still securing compensation for his shortened life expectancy.

We helped Mr. K navigate this challenging situation by pursuing a novel legal strategy at the time: a Periodical Payments Order (PPO).

A PPO allows claimants to receive periodic payments from defendants to cover specific ongoing costs – in this case, immunotherapy treatment. This ensured Mr. K wouldn’t need to settle early for a reduced lump sum, or gamble on the long-term outcomes of treatment.

Our specialist mesothelioma solicitors and an expert mesothelioma barrister, successfully argued for the defendants to cover the costs of immunotherapy for as long as Mr. K’s medical consultant deemed necessary. In addition to securing a six-figure settlement, this agreement guaranteed the funding of his treatment.

This case highlights how innovative legal approaches can make a profound difference for mesothelioma patients. By securing funding for immunotherapy through a PPO, we ensured Mr. K had access to the best possible care without compromising his financial security.