Written Answers. - Hearing Impairment Claims.
Brian O'Shea
Question:
46
Mr. O'Shea
asked the
Minister for Defence
the number of claims for damages for deafness determined in court or settled out of court at the latest date for which figures are available; the number of claims outstanding; the progress which has been made with the Law Society regarding the pilot scheme to speed up hearings; and if he will make a statement on the matter.
[30659/01]
By 31 October 2001 a total of 16,003 claims had been received in my Department from current and former members of the Defence Forces in respect of loss of hearing allegedly caused during their military service. Some 255 claims have been the subject of court awards with a further 9,513 being disposed of through out of court settlements. A further 428 claims were either withdrawn by plaintiffs or dismissed by the courts. Some 5,807 claims are still outstanding.
As I mentioned in my reply of 18 October this year, following the judgment of the Supreme Court in the leading army hearing loss case of Hanley, which was delivered in December 1999, my Department in conjunction with the Chief State Solicitor's office and in consultation with the Law Society of Ireland, established an early settlement scheme, ESS, for dealing with the outstanding army hearing loss litigation claims. The scheme operated successfully on a pilot basis during the year 2000 and 1,099 claims were settled by way of direct negotiations between solicitors representing plaintiffs and officials of the Chief State Solicitor's office and my Department.
Given the success of the pilot scheme, my Department expanded the ESS in January of this year. In this regard, five firms of liability loss adjusters have been engaged in order to expand the capacity of the scheme and to augment the resources of the Chief State Solicitor's office in conducting settlement negotiations.
The scheme has continued to operate successfully and the current position is that by 31 October 2001, a further 1,914 claims had been resolved, while I understand that plaintiffs' solicitors have recommended settlement in a further 280 cases. In addition, negotiations are ongoing in a further 1,412 claims.
I would like to emphasise that offers are being made in all cases where my Department has consistent audiograms and indeed in many cases where there is only one audiogram either on behalf of the State or the plaintiff in order to facilitate an early settlement. It is not true to say, as it is sometimes alleged, that offers of settlement are being confined to cases listed for hearing in the courts. Also in this regard I am concerned at reports that only 50% of the appointments for an audiogram arranged by the State are being taken up. I would like to take this opportunity to thank the many solicitors who have engaged in the scheme in the interests of their clients and to urge all solicitors to encourage their clients to attend the appointments arranged or to forward any audiograms they have on record so that consideration can be given to the early settlement of these cases.
As it is sometimes suggested that offers being made are not realistic or are being made on a "take it or leave it" basis, perhaps I should also take this opportunity to say that the offers being made are in line with the Supreme Court judgment and court precedent and negotiations are conducted in light of the particular circumstances of each individual case. The fact that over 3,000 cases have been finalised successfully would suggest that the entitlements of both the plaintiff and the taxpayer are being met in an equitable manner.
With the co-operation of all involved I am still hopeful that the early settlement scheme will continue to operate successfully and that the vast majority of the outstanding claims will be resolved in this way.
