A soldier was awarded damages of £3,000 at Kilkenny Circuit Court yesterday for an episode of food poisoning he suffered after consuming egg mayonnaise at an Army function while serving in south Lebanon in 1996.
Private Kieran Cantwell (28), of Shandon Park, Kilkenny, who is still a serving soldier, brought his case against the Minister for Defence, Ireland and the Attorney General.
His counsel, Mr Jeremy Maher, told the court the Minister had admitted negligence on the part of his servants in regard to the incident, which was said to have been due to human error and very much an isolated occurrence. The poisoning had been caused by salmonella, which was traced to home-made mayonnaise prepared for a social occasion attended by a group of soldiers.
Pte Cantwell said in evidence that he ate the meal containing the mayonnaise while stationed with UNIFIL at a village in south Lebanon in November 1996. The next morning he had a high fever and suffered stomach cramps and continuous vomiting and diarrhoea.
A colleague found him in distress and he was transported to the Irish UNIFIL headquarters at Camp Shamrock, where he was put on a drip and a decision was made to airlift him by helicopter to the Polish hospital at Naqoura for treatment.
His treatment continued for five days, during which he was unable to eat, and he lost 1 1/2 stone in weight. He was on sick leave for a further five days after being discharged from hospital, and continued to experience periodic cramps and weakness for some time.
It was about two months before he regained his normal weight and strength, and he later underwent further tests, including rectal swabs. However, he had now fully recovered.
In reply to Mr Tom Teehan, for the Minister, he agreed he had been able to resume his duties 10 days after the episode.
Judge Carroll Moran said he accepted that this had been an isolated incident and was very much regretted by the Army authorities, who insisted on the highest standards for their soldiers in all circumstances and particularly while serving abroad on peacekeeping duties.
Pte Cantwell's own doctor had said he had made a complete recovery and should suffer no long-term consequences.
However, liability had been admitted, and Pte Cantwell had suffered a nasty and demeaning experience, even though it had not persisted very long.
Judge Moran said that, balancing all aspects of the case, he would award general damages of £3,000 and District Court costs. After hearing, Pte Cantwell's solicitor, Ms Yvonne Blanchfield, said he did not wish to be interviewed, but that he was very pleased with the decision.