A supreme Court appeal by the State against a £219,000 award to a former soldier for the failure of the Army authorities to treat his post-traumatic stress condition did not proceed yesterday after the issue was settled between the parties.
When the award was made last February, the High Court was told it had major and serious implications for the State.
The appeal against the award to Mr David McHugh (36), Bargy Road, East Wall, Dublin, was settled before it was due for hearing at the Supreme Court yesterday.
When granting the award in the High Court last February, Mr Justice Budd found the Army authorities had been negligent in failing to recognise Mr McHugh's post-traumatic stress disorder and in failing to refer him for medical help following incidents while he was serving in Lebanon.
The judge said Mr McHugh was not claiming damages because he was subjected to stress or exposed to life-threatening experiences. These were to be expected by soldiers serving with UNIFIL. Rather, said Mr Justice Budd, the claim was based upon the negligent failure of the authorities to recognise and treat the obvious symptoms of his disorder.
Mr Sean Ryan SC, for the State, had stated the case had serious implications for his clients.
Mr Justice Budd said Mr McHugh had suffered a personality change due to the culpable negligence of his Army officers both in Ireland and in Lebanon. He had lost thousands of pounds through loss of earnings and had had to pay out for his own medicine.