British soldier wins £450,000 for preventable non freezing cold injury

John took part in a promotion course between November 2012 and December 2012. The course involved two weeks of classroom-based lessons in Cirencester followed by a four night exercise on Salisbury Plain which involved sleeping out in the field.

Speaking of the course, John says:

To be promoted from Private to Lance Corporal, I had to attend and complete a promotional course known as the Potential Non-Commissioned Officer (PNCO) cadre. We did not receive a weather brief from our Unit before we deployed on the course. I cannot recall a face to face briefing and whether there was a kit inspection prior to the course.

On the first day of the exercise, John was dropped off around 1 or 2 miles from where they would set up base and had to tab to the area. They had to tab through a small river which, at times, reached waist height, though it was mostly knee height for most of the way. Despite the challenging conditions, they were able to complete their personal admin promptly and continue with the task.

As part of this phase of the course, they were required to dig in and set up the harbour area, a process that took at least an hour. From the outset, conditions were cold and wet, much harsher than expected. The group had not been properly briefed on the environmental conditions in the exercise area, so the severity of the weather came as a surprise upon arrival.

Overnight on the first and second nights it rained heavily, and the trenches filled with water. On the third night, the temperature dropped, and the pools of rain turned to ice.

During the final attack of the promotion course, John’s hands and feet had pins and needles because they were so cold, and he was struggling to move his hands to clean his weapon. After the promotion course finished, John was still suffering from cold and numbness in his feet. He was subsequently seen by a medic and was downgraded.

John had to wait around eight months for his referral to the specialist Cold Injury Clinic based at the Institute of Naval Medicine (INM) in Gosport.

Once all testing was completed, John was diagnosed with a cold injury to his hands and to his feet. After this, he soldiered on and continued in his role as a Driver, although he was unable to promote further to Corporal.

Living with non-freezing cold injury (NFCI)

During the winter months John must wear gloves, thicker socks and thicker shoes. On exposure to the cold he develops tingling, numbness and pain in his hands and feet. His sensitivity to the cold is likely permanent. Sustaining a NFCI can place individuals at a disadvantage in the civilian job market, particularly for roles requiring prolonged exposure to outdoor environments or variable temperatures.

Hugh James military team

John sustained his injury in 2012 but did not realise at that stage that he could bring a civil claim for his cold injury. He made an AFCS claim and was awarded £10,500.

The Ministry of Defence (MoD) later conceded a breach of duty and limitation, and with the support of Hugh James legal team, John was able to secure £450,000 in gross compensation for an injury that was largely preventable with the right precautions.

Catrin Spees, Senior Associate in the Military Department says:

John was a pleasure to deal with and was very deserving of the compensation he has been awarded. He lost out on a longer military career, a job that he described as the “perfect job” because of an avoidable injury. I hope that the settlement will go some way to securing John’s financial future.