A soldier who took an action for damages against the Minister for Defence claiming he sustained severe hearing problems had his case settled in the High Court yesterday. No details of the settlement for Private William O'Doherty (34) from Kilmallock Road, Limerick, were given.
At the opening, it was claimed that new Defence Force regulations on hearing levels introduced last week altered the hearing standards necessary for Army service.
Mr Padraig McCartan SC, for the soldier, said these regulations, dated October 6th, meant Private O'Doherty was now apparently considered fit to stay in the Army although he had, just weeks earlier, understood that his discharge would be recommended because of his hearing difficulties.
Private O'Doherty had claimed he was exposed to unsafe noise levels which resulted in hearing loss and tinnitus (ringing in the ears). The defence admitted liability at the opening of the case.
The court was told that Private O'Doherty joined the Army in March 1980 and had been exposed to gunfire, blind fire and thunder flashes (bombs thrown into a small room to simulate explosions).
Counsel said that following a medical examination in 1995, Private O'Doherty was categorised "H6" which meant he had severely impaired hearing.
But new Army regulations set out new hearing grades. Private O'Doherty was now in the Grade Four category and would be classified as having moderately impaired hearing, making him fit for certain kinds of Army service.