An army Private had his action against the Minister for Defence alleging hearing difficulty dismissed by the High Court yesterday.
The case, involving Private James Brogan, was the only one of several so-called "Army deafness" cases listed yesterday to proceed. The other actions were adjourned. Scores of other cases against the State are listed for hearing in the coming weeks.
State sources last night suggested the dismissal of the Brogan case could affect decisions in other actions. In the Brogan case it was submitted by the State that while the plaintiff suffered a minor hearing loss, it did not translate into a disability under the standards set down by the Green Book.
Published earlier this year, the Green Book outlines standards for the assessment of hearing loss. The standards are based on recommendations from an expert group set up by the State.
The Brogan case was the first to come before the High Court since the Greene case judgment delivered last week by Mr Justice Lavan. In that case a retired member of the Defence Forces, now aged 59, with a 2 per cent hearing disability, was awarded £3,000. The Greene judgment was the first to be given following publication of the Green Book. In the case heard yesterday, Private Brogan (47), married with four children, of Landen Road, Ballyfermot, Dublin, sued the Minister for Defence for damages for personal injury, loss and damage.
Mr Alan Mahon SC, for Private Brogan, said his client had enlisted in the Army in 1977 and was employed as a cook at the Army apprentice school at Devoy Barracks, Naas, Co Kildare.
Since 1977 Private Brogan had been trained in the use of weapons and was required to attend at firing ranges to take part in annual range practice. Private Brogan was first given hearing protection in 1991 but in his opinion it was of little use. His hearing had been virtually unprotected until last year when he was given double hearing protection.
Mr Justice Lavan dismissed the action.