Kieran's Story - Head and spinal injury in the jungle

We found you very professional as well as approachable, helpful and caring. We can now move on and look forward to a more stable and secure future. I am sure that this would not have happened without yourselves being involved.

Jayne, Evesham

Kieran's case is complex - not least because of the peculiarity of the accident circumstances coupled with the unnecessarily unhelpful stance taken by the MoD.

Kieran was on an overseas jungle exercise with the Royal Marines where he was involved in a 'mock war' training exercise. Whilst there, a fellow serviceman was injured and had to be removed from the jungle by helicopter. Unfortunately no qualified medical personnel with equipment were on the helicopter. The MoD had sent a team of journalists and cameramen, which caught a lot of the accident scene on video and photographs.

A winch hole had to be made by the marines to give the helicopter sufficient space to drop down into the jungle canopy. Kieran was 30 metres away from the centre of the winch hole. During the course of the evacuation he was hit by a live tree, which had snapped. This was possibly caused by the downdraft of the helicopter. Kieran was knocked unconscious and was suspected to have a broken back.

A horizontal stretcher was not available therefore he was winched by a strop vertically into the helicopter. On arriving at hospital the Kieran's injuries included:

Fracture of the left upper arm, muscle and artery damage and a skin graft was required
Broken back and paralysis
Broken left lower leg and ankle
Severe lacerations to the back of the head
Pre and post traumatic amnesia

Kieran instructed Lesley Casey who began negotiations immediately with the insurers who handle the MoD employers liability claims.

The outcome of a Regimental Enquiry was that there was no fault on the part of the MoD and the accident was simply an "Act of God." Lesley also ensured Kieran was represented at The Board of Inquiry which is the MoD's internal fact finding expedition as to how a serious accident happened. The video and photographs were viewed at the Board of Inquiry but following requests for disclosure of copies, the video went "missing".

There were conflicting views as to whether Kieran was completely paralysed when he was hit by the tree or whether the paralysis was as a result of the strop winching him into the helicopter. These were unusual circumstances and experts in aviation and jungle warfare were involved to provide reports and address all the relevant issues.

Despite repeated requests for documents from the MoD they failed to send what was required, including the 'missing' video. Alongside this they had also failed to file a defence. When the Defence was finally filed they had denied liability.

The claim was unique and made even more complex due to the geographical area and source of witnesses, specified documents and the fact that the MoD had failed to respond on numerous occasions.

Liability was still in dispute as the MoD contended that Kieran's spinal injury was probably caused at the time when he was hit by the falling tree and not the winch in the vertical strop.

Lesley obtained evidence to show that Kieran's back was broken by the tree but that this did not cause the paralysis. Also in issue was the reason why the tree had fallen.

Just before Trial the MoD made an offer based on 25% liability. Lesley rejected this and made a counter offer of 85% in Kieran's favour. The case was finally settled on a 70/30 basis of liability in Kieran's favour just 1 week before Trial. Whilst it will be some time before the case finally settles, Lesley immediately negotiated with the MoD and obtained a substantial interim payment in excess of 250,000 to fund the purchase and adaptation of accommodation with wheelchair access to make Kieran's life more comfortable following the traumatic litigation of the past few years.

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Irwin Mitchell