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Blog
Noise Induced Hearing Loss and the Ministry of Defence
Mon 10th Oct 2011 Personal injury
As a lawyer who specialises in Noise Induced Hearing Loss I was interested to read about Bell v. Ministry of Defence. The Claimant served in the Armed Forces between April 2008 - July 2010 as a Kingsman. He served with the 2nd Battalion of the Duke of Lancaster's Regiment.
Upon joining the
Army he underwent basic training with his final exercise taking place at the
Catterick Barracks in North Yorkshire in October 2008. The exercise that caused
the damage to his hearing lasted for 10 - 15 minutes and involved the Claimant
and his colleagues firing live rounds whilst stood 5 metres away from each
other. The Claimant and his colleagues were firing light machine guns and using
grenades. When a grenade was thrown over the top of the trench, everyone would
stand up and fire their rifles on the automatic setting. It was during this
exercise the damage to the Claimant's hearing and tinnitus in his left ear
developed.
For the duration of
his training the Claimant had been provided with sufficient hearing protection.
On this occasion however he was not issued with hearing protection until he
arrived on the range. He was then given one ear plug and was told to insert it
into his right ear. Immediately following the exercise the Claimant experienced
buzzing tinnitus in his left ear and hearing loss, also in the left
ear.
In October 2009 the
Claimant was provided with a hearing aid and proceeded to bring a claim for
damages. Expert evidence recommended the Claimant's requirement for a hearing
aid had been advanced by some 55 years. The Claimant's claim included the cost
of obtaining and maintaining the hearing aids, tinnitus retraining therapy and a
tinnitus masking device. The Claimant's claim
settled for the sum of £40,000.00 without the need for
litigation.
Karen
Thompson
Legal
Executive - Personal Injury Team
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