Four firms of solicitors stand to earn fees of up to £16 million from handling about 3,000 claims for hearing loss suffered in the Defence Forces. One firm, Leahy and O'Sullivan of Limerick, is handling about 1,000 cases and could earn some £5.3 million.
A total of 10,029 serving or former members of the Defence Forces are currently taking claims, or have already settled actions against the State.
It has been learned that approximately 3,000 claims are being handled by four firms. These are: Leahy and O'Sullivan, Limerick; Flynn and English, Cork; P.V. Boland, Newbridge, Co Kildare; and Ferry's, Dublin.
Other firms are handling varying numbers of claims, ranging from hundreds down to two or three. A spokesman for P.V. Boland said it was handling "a lot of claims" but did not wish to give an exact figure. Spokesmen for the other three firms could not be contacted.
Another firm, O'Donovans of Winetavern Street, Dublin, is handling "approaching 500" cases, according to a partner in that firm, Mr Pat Crowley. The firm has already dealt with 100 of these.
Mr Crowley said he thought the average award would be "just under £20,000" and that an average case would take between two and three years.
"We have taken on extra staff and we may have to take on further legal staff to cope with this," he said.
Mr Crowley said that fees depended on the individual case. The "bulk of the solicitors' costs" was covered by the costs awards made, with the rest being covered by an additional agreed fee. He said his company never charged on a percentage basis.
The Secretary of the Department of Defence, Mr David O'Callaghan, told a meeting of the Committee of Public Accounts on Thursday that plaintiffs' solicitors' fees were averaging £5,300.
Mr O'Callaghan also said that the total number of serving or former members of the Defence Forces who could potentially make a claim was 50,000. This figure does not include former or serving members of the FCA.
New claims are currently averaging 100 per week. There were 49 claims made in 1994. This year 5,000 claims have been made. To date 1,000 cases have been dealt with and 9,000 are pending.
Some solicitors' firms have taken on extra staff to deal with the workloads. It may take some years for all the cases to make their way through the courts.
The Department has said the average award is £24,000, plus plaintiffs' costs of £9,000. Of this, £5,300 is for solicitors, £2,200 for barristers, and £1,500 for medical and other miscellaneous costs.
The vice-president of the Irish Conference of Professional and Service Associations, Mr Richard Condron, a member of the PDFORRA executive, said 1,003 cases had been settled out of court, 35 settled successfully for members in court and 38 rejected in court.
"It is clear that the Department of Defence would not make out-of-court settlements if they thought they were going to win." He accepted that the volume of claims could alienate public opinion.
