Soldier’s £25,000 payout

Nov 20 2007 by Dave Black, The Journal

A SOLDIER has won thousands of pounds in a compensation payout from the Ministry of Defence after suffering an injury when he was told to “act like a psycho” during a training exercise in Northern Ireland.

Daniel Brosnan, 34, from Blyth, Northumberland, dislocated his right shoulder during the incident and is being medically discharged from the Army as a result of the injury.

He was serving as a corporal with the Second Battalion Royal Fusiliers in November 2003 when he took part in the training exercise at a police facility.

During the drill Mr Brosnan was put in a cell and told to pretend he had been drinking and to act like a psycho, while the rest of his company took turns to enter in groups of three and restrain him.

He feared he had broken his arm after he felt it pop when his colleagues jumped on him, but the exercise was allowed to continue despite him asking for it to be halted.

The injury, which was made worse when he was later kicked in the same arm, required several operations and extensive physiotherapy. Four years on he still suffers pain and restricted movement, and has problems in lifting things.

Now – after his case was taken up by leading personal injury law firm Irwin Mitchell – Mr Brosnan has been awarded £25,000 in compensation after the Ministry of Defence agreed an out of court settlement.

Last night his Manchester-based solicitor Matthew Garson, of Irwin Mitchell, said: “We are delighted with the outcome of the case but disappointed it had to go to court before liability was accepted by the MoD. Mr Brosnan can now get on with his life after four years spent dealing with this matter.

“The level of compensation reflects the fact that his livelihood has been affected by this injury.

“It was a particularly bad dislocation to his dominant right shoulder. He was discharged by the MoD as a result and his choice of future employment will now be narrower. Mr Brosnan was taking part in a routine training exercise but was given no protective clothing and only minimal and inappropriate protective equipment, while the exercise was allowed to continue even after he was injured.

“All employers, especially those in high-risk areas such as the forces, should provide the correct equipment and follow exemplary safety procedures, even if it is only part of a training exercise.”

Mr Brosnan last night declined to comment in advance of his official medical discharge from the Army next month.

Irwin Mitchell’s specialist Armed Forces team handles personal injury claims against the MoD by injured service personnel who have suffered an accident at work. Claims have included accidents involving military aircraft and helicopter crashes, negligent discharges and failure of equipment and vehicles.