An Army sergeant with a mild hearing impairment and who also suffers from tinnitus and depression was awarded £7,500 damages for hearing loss in the High Court yesterday.
Sgt Michael Henry Power (34), of the Curragh Camp, Co Kildare, said he frequently slept for as little as two hours a night because of loud-pitched noises in his ears. He sought damages for hearing loss arising out of negligence and breach of statutory duty by the Minister for Defence, Ireland and the Attorney General.
He alleged the defendants permitted him to be present on firing ranges and at gun discharge exercises without any or adequate protection for his ears.
As a result, he said, he had difficulty hearing in noisy places. He was taking sleeping tablets and anti-depressants, and was concerned about his future in the Army because of his hearing loss.
Mr George Fennell, an audiologist, said his view was that the plaintiff suffers from a mild noise-induced deafness. At 34 years of age he should have normal hearing. Mr Fennell predicted the sergeant's hearing would deteriorate, albeit very mildly, over the years.
Mr Fennell said Sgt Power's tinnitus was continuous and there was no known cure for it.
A second audiologist, Mr Maurice O'Connor, called by the State, said Sgt Power's hearing was less than 2 per cent below normal in the left ear and around 2 per cent in the right. He considered this was normal hearing loss in a man in his mid-30s.
Mr O'Connor said he did not think Sgt Power was suffering from a noise-induced hearing loss but rather from a high-tone loss based on an inner ear disability. He agreed his report did say the plaintiff's drop in hearing was more than likely due to excess noise.
Mr Justice Johnson said that, under the Army's new regulations, the plaintiff was categorised as Grade 2 which indicated a slight hearing loss. He was satisfied Sgt Power did have tinnitus and hearing loss, although it was slight and mild. He awarded him £7,500 in damages.
In a second case case, Quartermaster-Sgt Timothy Coughlan, of Orchard Drive, Portarlington, Co Laois, was awarded £6,000 damages for noise-induced hearing loss.
As a former member of the Cavalry and Tank Squadrons, and a member of the Defence Forces for 30 years, he said that in addition to exposure to unprotected light firearms, he was subjected to heavy weapons firing in armoured cars and tanks.
He now suffered some deafness causing him difficulties in hearing the television and telephone. He also had a buzzing in his ear at night. He noticed the deterioration in his hearing only during the last three to five years.
After examining an audiogram, Mr Fennell said he concluded Sgt Coughlan had inner ear deafness to a mild degree in both ears.
Mr Justice Johnson, finding for Sgt Coughlan, awarded him £6,000.