Marine wins £700k compensation after 'inadequate' earplugs led to hearing loss

03 March 2023 , 14:04

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A judge ruled James Barry was owed over £700,000 (Image: Getty Images)

A former Royal Marine has won £700,000 in compensation after his hearing was ruined by inadequate Ministry of Defence (MoD) earplugs.

Former soldier James Barry, 34, was awarded a £713,716 payout at the High Court.

Mr Justice Johnson slammed the MoD for its "lamentable" failure to address problems with the kit that was "inadequate and incompatible with other equipment".

Mr Barry wanted to go on and join the Special Boat Service after he joined the Marines in 2013, but severe damage to his hearing was caused during live fire exercises and he developed hearing loss and chronic tinnitus.

The former commando stayed with the service for four years before he was medically discharged in 2017. He now works as a lorry driver.

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He had been issued "yellow foamies" inserted into his ear for protection, along with over-the-ear defenders.

The ex-Royal Marine joined the commandos in 2013 (Champion News)

Mr Barry now works as a lorry driver (Champion News)

In evidence, Mr Barry said the foamies were used as standard, because they were light and flexible. But "in practical terms, they were pretty useless in terms of the environments they had to be used in."

The MoD accepted primary liability, but argued Mr Barry was also to blame for his hearing problems and said he did not properly use the ear protection given to him when required.

Mr Justice Johnson disagreed and said: "The MoD has not established that it was Mr Barry's fault that the earplugs fell out.

Mr Barry eventually developed chronic tinnitus (Getty Images/iStockphoto)

"Mr Barry was far from alone in finding that his earplugs fell out.

"Hearing protection was available, it was just that it was inadequate and incompatible with other equipment.

"Lamentably, it appears that nothing was done by the MoD to address the obvious and serious problem."

Mr Barry said that not enough reference was made to wearing ear protection on the range when there were recruits present because "the main focus was on lads not shooting each other".

Mr Bary said there was not enough focus on using protective ear equipment (Getty Images)

He also said training - including night manoeuvres and surprise attacks - made it impractical for rookie marines to be wearing their earplugs when a mock gun battle began. In one incident in California in 2014, one set of plugs even fell out during a mock gun battle.

Further problems arose in the form of a helmet that did not fit properly when used with heavier air defenders, and a radio that sounded muffled, meaning dummies could only be used in one ear at a time.

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The ear dummies would fall out during exercises, Mr Barry complained (Getty Images/iStockphoto)

Using a standard infantry SA80 assault rifle is reported to create up to 156 decibels of noise and even 135 decibels can cause "physical pain."

In 2015, Mr Barry was stationed in California and then Norway, where he took part in training exercises. This exposed the former marine to loud sounds like loud gunfire and the sound of jets overhead.

During training, the dummies would often fall out, exposing him to loud noises. He then started to notice signs of tinnitus soon after training in the USA.

Mr Barry said he went into the services with "perfect" hearing, but now has to live with high-frequency hearing loss and moderate tinnitus.

Mr Barry was awarded £600,000 for loss of earnings and pensions (Getty Images/iStockphoto)

Of the total sum, £600,000 was awarded for the loss of future earnings and pension, after finding there was a good chance he would have joined the SBS.

Further damages included payments for pain, loss of amenities and to pay for hearing aids.

Mr Justice Johnson added: "There are obvious differences between service in the military and civilian employment.

The former inculcate strong feelings of loyalty to unit, colleagues and country that are not readily replicated in other contexts.

"It is to the enormous credit of Mr Barry and his step-father that, until very recently, he has been in continuous employment since his military discharge and has thereby been able to continue to provide for and support his family.

"He gains little satisfaction from his employment. By contrast, he found military life exciting, fulfilling, and rewarding."

Richard Gittins