Commentary

Apart from the oft-made point about the importance for experts of the chronology, especially in cases where the issue is causation or clinical negligence, there is nothing in this case for healthcare experts in general. It is an importance case for ENT experts because several similar claims are due to be heard over the next months. 

Case

Between 2017 and 2020 the Claimant, then a serving soldier, was negligently exposed to dangerous and unsafe levels of noise by the Defendant when testing Ajax armoured vehicles at the manufacturer’s premises. He wore a headset (Bowman combat II) covering his right ear whilst inside the vehicle, which was used for communication with others and to receive alarm warnings from the vehicle. This was his claim for damages in respect of a hearing injury said to have been caused by that exposure. It is the first of several similar claims due to be heard in this court over the next months. Breach of duty has been admitted, causation and (to the extent necessary) quantum are in issue. This judgment deals with causation.

Before considering the various mechanisms which might have brought about the injury, the judge made two important points.

First, Mr Bevan said he suffered 2 types of injury: The primary injury was hearing loss and tinnitus (which are connected). In addition, he suffered psychological damage as a result of the tinnitus in the form of a "conversion disorder" (or functional neurological disorder (FND) which led to non-organic hearing loss. If the primary injury was not caused by the negligent exposure the relevance of FND falls away.

Secondly, hearing loss and tinnitus can (and often do) occur without any injury or fault at all. The cause of these issues may be very difficult to identify. The ENT experts agreed that "a significant number of individuals with hearing loss/tinnitus never have an underlying cause diagnosed, even with the very best investigation."

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