Six Figure Settlement For Historical Noise Induced Deafness And Tinnitus Claim

After more than 16 years of distinguished service in the British Army’s Scots Guards including operational service in the Falklands War, Northern Ireland, Cyprus, USA, Belize, Canada and Germany our client, Walter Campbell developed severe noise-induced hearing loss and tinnitus as a result of prolonged exposure to excessive weapon and training noise. Although medical specialists identified his hearing deterioration in 1995 and recommended restrictions to prevent further damage, those recommendations were not followed and he was exposed to additional hazardous noise, leading to a worsening of his condition and ultimately his medical discharge at the rank of Colour Sergeant from the Army in 1997.

Our client had planned to complete a full service career to the rank of Warrant Officer 2 which was cut short due to failings in respect of hearing protection adequacy and failings to follow medical orders.

The Ministry of Defence admitted breach of duty acknowledging our client had been wronged. However, despite that admission, the litigation continued for a further five years before the matter was finally resolved as they disputed his hearing loss was caused as a result of negligence.

The claim ultimately settled for £205,000 net (or £304k gross before deduction of time served before 1987). The settlement was a very welcome conclusion to a long and difficult journey for our client and hard-fought litigation with significant delaying tactics on the part of the Ministry of Defence.

Mr Campbell was awarded his Long Service and Good Conduct Medal belatedly at a presentation ceremony at the Scots Guards Gathering in June of this year by Lt General Kiszely MC. The award had been recommended in 1996 but was never presented before his medical discharge.

Our client was hugely relieved after many years of anguish, uncertainty and frustration. He expressed his sincere gratitude for the support, commitment and representation provided throughout the case including his barrister, Paul Kilcoyne of Temple Garden Chambers. He was particularly appreciative that Ison Harrison remained steadfast in pursuing the claim despite the prolonged litigation and stated that he would have no hesitation in recommending Ison Harrison Solicitors to others seeking expert legal representation.

Walter Campbell commented:

“I want you to know what you have done for us is nothing short of life changing and I thank you from the bottom of my heart.

The weight lifted off myself and my family is immense and I look forward to sleeping with a rested mind.

I’d also like to thank your team, including barrister, Paul Kilcoyne.  You were all so kind and empathetic, making us welcome and calm”.

Diane Askwith who represented Mr Campbell says:

“I am hugely appreciative that the Ministry of Defence and Scots Guards finally compensated Mr Campbell after the significant injuries and losses he has suffered for many years. Deafness has caused a lot of difficulties for Mr Campbell including communication and isolation. Additionally, there were many legal hurdles we needed to get over in order to be successful. Whilst this compensation will never give him back his career and uninjured life, it will hopefully go some way to getting him the treatment he needs and to lessen the anxiety and frustration he has experienced for many years through no fault of his own. It was an absolute pleasure to assist him in seeking redress after all these years”.