A 36-year-old former solder, who claimed he was not provided with hearing protection against excessive noise level from weapons, was awarded £30,000 damages in the High Court yesterday.
A retired soldier with a similar level of hearing disability - but who was aged 59 - received £3,000 damages in an earlier case heard by the court.
Yesterday's decision is expected to have implications for the size of awards in Army deafness cases, as it suggests a recognition by the court that the hearing of younger soldiers could deteriorate.
Lawyers acting for some of the soldier plaintiffs suggested last night the "Green Book" - which sets out standards for the assessment of hearing loss based on the recommendations of an expert group set up by the State - does not make a realistic allowance for the age of claimants and this discriminated against younger claimants.
In court yesterday, Mr Justice Johnson awarded £30,000 to former rifleman John Curran, a father of two children, of Lenehan Avenue, Prospect, Limerick. He sued the Minister for Defence, Ireland and the Attorney General.
Mr Curran claimed that while serving in the Army between 1979 and 1985 he was exposed to excessive noise from the discharge of weapons, firing practice and rifle-range practice. He submitted there was inadequate protection for his hearing and that he had discovered his injuries only in the last three years.
The award to Mr Curran was made on the basis of his having a 2 per cent hearing disability. He had been tested joining the Army and found to have normal hearing for his age. It was discovered that his present level of disability should not have occurred until much later in life.
In a previous case before the court, regarded as a test case, another retired soldier deemed to have a hearing disability of 2 per cent was awarded £3,000 damages. The plaintiff, Mr James Greene, was aged 59.
In another case yesterday, an Army sergeant who claimed he suffered noise-induced hearing loss and tinnitus was awarded £18,375 by the High Court in his action. Mr Paul Murphy (41), married with two children, Athlone, Co Westmeath, joined the Army in February 1974.
He claimed that he was directed to engage in exercises involving the discharge of certain weapons and explosions both by himself and his colleagues, which caused him excessive noise levels and resulted in severe hearing loss.
Sgt Murphy claimed the defendants had a duty to exercise all reasonable care for his safety, not to expose him to a risk of damage or injury and to provide a safe system and place of work.
In a reserved judgment, Mr Justice Lavan awarded Sgt Murphy £12,375 in respect of noise-induced hearing loss from May 25th, 1993, into the future. The judge accepted the sergeant had a hearing deficit of 8.25 per cent.
Sgt Murphy was awarded £4,000 in respect of a claim for loss of entitlement to sit for courses which might have given him an opportunity to seek promotion, although it was stated no guarantee had been given he would be entitled to promotion. A sum of £2,000 was awarded in respect of a claim for loss of opportunity to apply for overseas service.
The judge said the first reference to noise-induced hearing loss appeared in an entry relating to the sergeant dated May 25th, 1993. The first reference to tinnitus was in the same booklet, dated December 8th, 1993. Notwithstanding those entries, the plaintiff was promoted to the rank of sergeant in December 1993.
The plaintiff had never sought treatment for noise-induced hearing loss or tinnitus from any doctor prior to those dates.