Cost of deafness claims exceeds €280m

The cost to the State of Army deafness claims has passed €280 million with one firm of solicitors receiving payments of more than €16 million to date, new figures obtained by The Irish Timesreveal.

The data obtained from the Department of Defence shows nine solicitors' firms have now been paid more than €2 million each relating to work for their clients with a total of 19 firms receiving more than €1 million in payments.

The biggest earners to date are Patrick V Boland & Son, Newbridge, Co Kildare, on €16.2 million. These were followed by McMahon O'Brien Downes, Henry Street, Limerick on €10.1 million and Byrne Carolan Cunningham, Athlone, on €7.6 million.

A total of 16,791 claims have been received from serving and former personnel. The current strength of the Defence Forces is 10,500.

Those taking the claims have sought compensation for hearing loss they said they suffered after being exposed to gunfire in the course of their work.

The vast majority of cases have now been disposed of at a cost of €284.8 million. This figure includes plaintiffs' legal costs of €97.7 million. The department estimates the final cost will not exceed €300 million.

A total of 904 cases received have yet to be finalised. Some 287 are dormant, with files inactive for the past three years. The remaining cases are being handled by the State Claims Agency, to which the management of all claims was delegated in September 2005.

The number of new cases being lodged has almost completely stopped. In 2006 just 35 new cases were received. The figure for last year was not available last night but is expected to be fewer than 15 cases.

Claims received after July 2002 are generally being contested on the basis of statute of limitations.

The figures paid to solicitors' firms are gross figures and include amounts payable not only to the solicitors involved but also in respect of barristers' fees, audiological testing, medical reports and other costs associated with bringing a claim to conclusion.

The total amount paid to the firms involved is likely to rise in coming years because there is a time lag between cases concluding and solicitors receiving their fees. Legal costs are not necessarily paid in the same year that a claim is settled. It can take time for solicitors to draw up bills of costs and these have to be agreed with the chief State solicitor's office or State Claims Agency.