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Noise Induced Hearing Loss and the Ministry of Defence

Karen Thompson 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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