April 20th, 2009
The Ministry of Defence (MoD) is facing legal action again after the families of ten servicemen killed in Iraq announced that they would be suing the government department.
They claim that the MoD failed to protect the human rights of the nine soldiers and one RAF man who died in January 2005 when their Hercules was shot down by enemy fire.
A coroner ruled that the MoD’s decision not to fit the aircraft’s fuel tanks with explosive-suppressant foam could have cost the men their lives.
The government department is now facing legal action for negligence, breach of a duty of care and failing to comply with article 2 of the European Convention on Human Rights.
An Mod spokesperson said it has apologised for the safety failures highlighted at the inquest.
The news follows an admission of liability last month by the MoD for 14 deaths in Afghanistan three years ago.
Family members of the 14 men are to receive compensation which may amount to six figures.
Tags: Admission, Breach, Compensation Claim, Coroner, Duty Of Care, Enemy Fire, European Convention On Human Rights, Family Members, Fuel Tanks, Government Department, Hercules, Inquest, Ministry Of Defence, Negligence, Raf, Safety Failures, Servicemen Killed In Iraq, Six Figures, Spokesperson, Suing The Government
Posted in Personal Injury News | No Comments »
March 30th, 2009
The Ministry of Defence (MoD) has made an admission of liability for the deaths of 14 servicemen in Afghanistan three years ago.
In what is being described as a legal landmark, the organisation admitted that there were significant failings in the protection of the servicemen – including inadequate fire protection – after legal action was brought about by the families of Sergeant Benjamin Knight, 25, and Flight Lieutenant Steven Swarbrick, 28.
The RAF Nimrod XC230 vehicle exploded in mid-air after refuelling on September 2nd 2006, killing all on board.
A statement from the MoD said: "The defendant owed to the deceased a duty of care and the accident was caused by a breach of that duty of care."
The new development could provide new hope for other families hoping to claim damages from the MoD, since the compensation is likely to run into six figures.
The Armed Forces Compensation Scheme, established in 2005, provides compensation for all injuries, ill health and deaths that occur mostly during service.
Tags: Admission, Afghanistan, Armed Forces, Benjamin Knight, Breach, Compensation Scheme, Damages, Deaths, Defendant, Duty Of Care, Fire Protection, Flight Lieutenant, Ill Health, Legal Landmark, Ministry Of Defence, New Hope, Raf Nimrod, Sergeant, Six Figures, Swarbrick
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February 19th, 2009
A Welsh teenager who suffers from Erb’s palsy as a result of an injury sustained during her birth is to receive compensation.
Harriet Frobisher, now 15, was born at Ysbyty Glan Clwyd, Bodelwyddan in 1994, the BBC reports.
However, during the delivery, Harriet became stuck in the birth canal. The family claimed that hospital staff had not followed correct procedures to resolve this and had instead tried to pull Harriet free.
Consequently, the nerves in her neck were stretched and she developed Erb’s palsy, which is a preventable birth defect that affects the shoulder, arm and hand. Her right arm now has severely limited movement.
Her parents, Gerry and Sharon Frobisher, launched legal action on her behalf in 2007 and the North Wales NHS Trust has now agreed to a settlement without admitting liability.
The exact sum of compensation is not known, but it is believed to be six figures.
Tags: Bbc, Birth Canal, Birth Defect, Erb S Palsy, Hospital Staff, Nerves, Nhs Trust, North Wales, Parents, Right Arm, Shoulder Arm, Six Figures, Sufferer, Teenager, Welsh
Posted in Clinical Negligence News | No Comments »
