Ministry of Defence sued by former Royal Marine for £1.5million over 'useless' earplugs


A former Royal Marine is suing the Ministry of Defence (MoD) for £1.5million after his hearing loss prevented him from joining the Special Boat Service (SBS). The 34-year-old claims his hearing was damaged from wearing “useless” earplugs provided by the MoD for training exercises, with his condition leading to a medical discharge.

Mr Barry now works as a lorry driver, and served with the Royal Marines between 2013-2017.

He told a judge “hearing loss and tinnitus” were caused by his “exposure to noise during his service” with the force.

The MoD has accepted primary liability for the claims, but has argued back that Mr Barry did not use the ear protection properly, and has contested the amount of damages to be paid.

A trial is now underway at the High Court in London, which heard that Mr Barry first noticed problems with his hearing after returning from an exercise in the US in 2014.

Harry Steinberg KC, who is leading Mr Barry’s legal team, said: “The claimant seeks damages for noise-induced hearing loss and tinnitus caused by his exposure to noise during his service in the Royal Marines.

“The claimant first noticed a problem with his hearing following his return from the Black Alligator Exercise in the United States which took place between August and October 2014 for a period of about two and a half months.”

He added: “The claimant describes exercises during basic training where hearing protection was not worn (and could not be worn) at all.”

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Mr Barry says he hoped to make a lifetime career in the Royal Marines and that his current job “doesn’t give me much fulfilment”.

Mr Steinberg said the MoD had admitted partial liability but that the judge would have to consider other factors, such as whether, and to what extent, Mr Barry was “contributorily negligent”, the “ongoing effect” of the noise-induced hearing loss and tinnitus, Mr Barry’s “likely career path and length of service” but for his “noise-induced hearing loss and tinnitus”, and whether or not Mr Barry was “disabled”.

The MoD has also said the amount claimed for should be around £250,000.

The hearing, which is being chaired by Mr Justice Johnson, is due to end later this month.



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