Month: March 2019

A former soldier has settled his damages action against the State over health problems allegedly suffered as a result of being prescribed the anti-malaria drug Lariam.

Patrick Fedigan (51) brought proceedings over the alleged effects of taking the drug while he served with the Defence Forces during UN peacekeeping deployments to Africa between 2001 and 2009. The claims were denied.

John Gordon SC, with Bruce Antoniotti SC and John Nolan BL, instructed by Kent Carty Solicitors, for Mr Fedigan told Mr Justice Bernard Barton on Tuesday that following out of court talks between the parties, the action had been resolved.

Counsel said the case could be struck out. No further details of the settlement, understood to be confidential, were given.

The State, represented by Eoin McCullough SC, Declan Buckley SC, Garrett Cooney BL and Joe Jeffers BL, had denied negligence or liability for any injuries suffered by the plaintiff.

The defendants had also argued Mr Fedigan was out of time to bring his case.

Mr Justice Barton welcomed the settlement.

Several cases
The action is one of several similar cases brought against the State by members of the Defence Forces who claim they suffered various illnesses as a result of being prescribed Lariam.

In his action, Mr Fedigan from Lobinstown, Navan, Co Meath claimed he was prescribed Mefloquine Hydrochloride (Lariam) when he served in Eritrea in 2001, Liberia in 2002 and Chad in 2009.

He claimed that as a result of his exposure to Lariam , he has suffered from conditions including loss of balance, anxiety, panic, insomnia, vertigo, and memory problems.

He claimed the Minister for Defence, Ireland and the Attorney General were negligent and in breach of their duty towards him on grounds including he was not a suitable person to be prescribed Lariam.

The ex-soldier claimed his prior medical history had not been ascertained before he was prescribed Lariam and the defendants did not provide him with adequate support, treatment or management when he made complaints of symptoms after being prescribed it.

Mr Fedigan further claimed the defendants failed to provide him with a safe system of work, and exposed him to risk of injury which they out to have known. He retired from the Defence Forces in 2013.

The case, had it proceeded, was expected to last up to 10 weeks.

The Irish Times
Aodhan O’Faolain

The Department of Defence has confirmed that the number of cases it is defending against former Defence Forces staff over chemical exposure in the Air Corps has risen to eight.

Detail of the new case emerged as Sinn Fein prepares a motion calling for Oireachtas inquiry into the health and safety management at Air Corps headquarters at Casement Aerodrome, Baldonnel.

In January 2017, this newspaper revealed how the Department of Defence had received a number of protected disclosures from whistleblowers alleging serious shortcomings in how Air Corps maintenance staff were protected from exposure to cancer-causing substances.

We also reported how, at the time, six former members who suffer a range of chronic illnesses, took High Court action against the State over what they said was a failure to train them properly on the dangers of the chemicals they used, or to provide them with adequate personal protective equipment.

These six former members had received the opinion of a toxicopathologist who linked their illnesses to their working conditions.

The Department has now confirmed that the number of cases has risen to eight, and this newspaper understands that a number of others are considering similar action.

In 2015, whistleblowers submitted a complaint to the Health and Safety Authority, who inspected conditions at Casement Aerodrome in Baldonnel and threatened legal action against the Defence Forces unless it made improvements in how Air Corps staff are protected from the effects of the toxic chemicals.

The Air Corps accepted the recommendations, implemented a year-long programme of improvements, and the HSA has since closed the case.

However, Sinn Fein Defence spokesman, Aengus Ó Snodaigh, said investigations need to take place as to the conditions in Baldonnel prior to the HSA inspection, and whether they had a detrimental impact on the health of Defence Forces staff.

He is tabling a motion calling for a Special Committee to conduct relevant hearings into the matter and conduct a health survey of former Air Corps staff.

Mr Ó Snodaigh said his motion has the support of his own party, along with Fianna Fáil, Labour, People Before Profit, and Independents and that he is confident he has the numbers to have it passed in the Dáil.

Responding to this motion, the Department said: “The issues, which are the subject of the proposed motion, were examined by an independent reviewer appointed by the Minister [Paul Kehoe]. The Minister is considering the next steps and legal advice in the context of ongoing litigation.”

Mr Ó Snodaigh said Mr Kehoe has had the report by the independent reviewer since 2017 and has yet to act on its findings:

“The indications I’ve had from conversations with the Minister and the Department is that they won’t act on some of the issues raised because of court proceedings, including some in this motion such as helping people with their medical expenses and medical cards.

These wouldn’t prevent the Government, if they wish, from defending themselves in court action. It is a logical step to take if there are clusters of people suffering unexplained ailments or groups of people dying.

“The health authorities should investigate that regardless of proceedings, there could be others out there not aware of why they may be suffering health problems.”

By Joe Leogue
Irish Examiner Reporter