MoD Negligence Leads To Medical Discharge Of Royal Logistic Corps Soldier

MoD Negligence Leads To Medical Discharge Of Royal Logistic Corps Soldier

Irwin Mitchell’s specialist Armed Forces team have secured £275,000 in compensation for Corporal Brian Lungley, after MoD negligence led to him being medically discharged from the Armed Forces.

Background

At the time of the incident in October 2007, Brian was serving in Afghanistan with the 27 Regiment Royal Logistic Corps. Brian and a more junior colleague were asked to move some wooden planks and pallets that were placed on top of an ISO metal ship container. It was dark and no risk assessment had been undertaken.

Equally, no safety equipment or harnesses were provided to Brian. Whilst he was working on top of the ISO container, Brian lost his balance, stumbled on a plank of wood and fell approximately 15-18 feet hitting the hard surface below. As a result of the fall, Brian sustained an open fracture to his calf bone and shin bone.

Following the incident, in May 2010 Brian was medically downgraded and eventually medically discharged as a result of his injuries, having served in the Armed Forces for over 15 years.

The MoD initially denied liability for Brian’s accident; however through the perseverance of specialist Armed Forces solicitors at Irwin Mitchell’s Sheffield, the MoD finally admitted liability in March 2011.

Brian found leaving the Armed Forces very difficult as he had hoped to serve 22 years and reach the rank of Warrant Officer. As a result of his accident, Brian’s future employment opportunities and his pension were affected.

Prior to the accident, Brian was a very active person and would regularly attend the gym and play football.  However, due to his injury he will never be able to compete at contact sports again, particularly football, as any contact or a bad tackle could lead to further surgery and complications due to a metal rod in his leg.

How Irwin Mitchell Helped

The Irwin Mitchell Armed Forces team worked very hard to secure a just and appropriate level of compensation for Brian. In August 2012, following successful negotiation with MoD solicitors, a settlement was reached and Brian received a substantial award in the sum of £275,000.

Previously Brian had received £34,000 from his Armed Forces Compensation Scheme which had to be taken into account when the MoD awarded his personal injury compensation.

Following settlement, the Irwin Mitchell Asset Management team provided Brian with advice on the benefits of setting up a Personal Injury Trust.

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