A former soldier has secured €302,873 damages from the High Court over negligence by the Army in failing to diagnose and treat him for post-traumatic stress arising from his experiences in Lebanon.
Mr Justice Declan Budd found former Private Victor Murtagh was “obviously stricken” with post-traumatic stress disorder (PTSD) while in Lebanon in 1986/87 and that culpable negligence by senior army staff in failing, despite his “strange and abnormal behaviour”, to refer him for diagnosis and treatment led to his contracting chronic PTSD.
Mr Murtagh (42), a father of six of Pearse Road, Ballymote, Co Sligo, claimed in his action against the Minister for Defence that he did not receive any counselling or treatment from the Army for severe anxiety attacks and stress-related illness sustained from his experiences in Labanon in 1986/87.
During the hearing of his action, his counsel described Mr Murtagh as a “broken man” when he returned from his first and only tour of duty there at the age of 21.
Mr Murtagh was in Lebanon at a time when there was an atmosphere of huge hostility with UNIFIL troops coming under regular fire, the court heard.
On December 6th, 1986 a fellow soldier and friend, Pte William O’Brien was killed, while on January 10 1987, another colleague, Cpl Dermot McLaughlin, was shot dead by Israeli forces. Mr Murtagh had reacted badly to both deaths, the court heard.
Mr Murtagh, who was discharged from the Army in 1998 on health grounds after 14 years service, also sought damages for deafness and was awarded another €2,650 as part of the overall award.
The minister had denied the claims relating to post-traumatic stress but accepted Mr Murtagh was entitled to damages for hearing loss.
The case was heard early last year and yesterday Mr Justice Budd, after apologising for the delay in delivering his judgment, awarded Mr Murtagh a total of €305,523.
In his judgment, Mr Justice Budd said the minister, as an employer, was under a duty of care for the safety of his employees and must keep abreast of contemporary knowledge in relation to reducing “potential afflictions” which soldiers are likely to be exposed to.
The “perils” of post traumatic stress disorder had been well known for many years prior to 1986, the judge said.
While Mr Murtagh was not entitled to compensation because of his work in Lebanon, he was however exposed to stress and had to be treated on several occasions while in the Lebanon for acute anxiety states, the judge said.
His vulnerability to PTSD should have been obvious, the judge said. He also rejected claims that Mr Murtagh was alcohol dependent while in Lebanon and said he was convinced it was the failure to diagnose and treat him which allowed the PTSD to become chronic.
Mr Murtagh’s “strange and abnormal behaviour” had been well known to senior officers and the failure to treat those symptoms or to refer him for checking out was due to the “culpable negligence on the part of his superiors and resulted in his contracting chronic PTSD,” the judge added.
The judge also noted that Mr Murtagh had been working in Holland since 1999 and he said that, while his PTSD symptoms have abated to a considerable extent, he still suffers flashbacks.
The judge awarded him a total of €302,873 related to the PTSD claim and €2,650 for the deafness claim, along with costs. He adjourned the matter until next week after he was told the Minister and the State wanted to study the judgment before deciding whether to apply for a stay on the award pending appeal.
