Two awards of more than £20,000 were made by High Court judges yesterday in separate Army deafness cases. The cases involved a former Army sergeant and a serving sergeant, both with differing hearing problems.
Mr Michael Joseph McConville (37), of Newtown Lawns, Ballinderry, Mullingar, Co Westmeath, a former sergeant, claimed he suffered from noise-induced deafness and tinnitus. He won damages of £27,955 in his action against the Minister for Defence, Ireland and the Attorney General.
Giving judgment, Mr Justice Lavan said he accepted that Mr McConville had a 14.37 per cent hearing disability, in respect of which he awarded him £21,551.
He allowed a further £5,000 in respect of what the judge described as a very slight if not mild tinnitus condition. A sum of £1,400 was allowed in respect of a special hearing aid which the plaintiff had purchased.
Mr McConville claimed that on or about August 16th, 1996, he had become aware that he was suffering from noise-induced deafness and tinnitus and that this had resulted from exposure to excessive noise, in particular from gunfire and heavy artillery, without adequate ear protection.
In a separate action, heard by Mr Justice Johnson, an award of £22,000 was made to Sgt Henry Lawlor (54), of Hawthorn Avenue, Ardnore, Kilkenny, who also sued the Minister for Defence, Ireland and the Attorney General.
It was claimed that the sergeant became aware in December 1996 that he suffered from noise-induced hearing loss and tinnitus by reason of the negligence and breach of duty of the defendants.
It was stated that, in accordance with the "Green Book", Sgt Lawlor had a 4.69 per cent hearing loss. The "Green Book" was drawn up earlier this year by an expert group on behalf of the State to assist in assessing damages for people alleging hearing problems.
The judge said he was satisfied that the plaintiff suffered from the condition claimed and was entitled to be compensated.
In another case, Mr Justice Lavan rejected a claim by Mr Anthony McDonnell (42), of Knockmore Crescent, Tallaght, Co Dublin, who served in the Defence Forces from 1975 until 1981.
It was claimed that Mr McDonnell had been exposed to excessively loud noise from small-arms fire, explosives and heavy-weapons gunfire during the course of his service.
The judge said he accepted on the balance of probabilities that the plaintiff had no hearing loss which could be attributed to his years of service in the Defence Forces. Allowing costs against Mr McDonnell, Mr Justice Lavan said his attitude in such cases was that "costs follow the event" other than in the most exceptional of circumstances.