The State has agreed to pay €2 million to a former Air Corps technician who was allegedly exposed to toxic chemicals which he says caused severe health difficulties.
The case against the Department of Defence is the first of 10 personal injuries cases due before the courts relating to the exposure of Air Corps members to dangerous chemicals and solvents used in aircraft maintenance.
Gary Coll (51), from Lifford, Co Donegal, joined the Air Corps in 1991, when he was 17, and worked in the avionics section until 1997.
In a statement of claim, he made a large number of allegations against his former employer including that he was not provided with a safe working environment at the Air Corps headquarters in Baldonnell, Co Dublin, and that there was inadequate supervision regarding the use of dangerous chemicals.
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Central to Mr Coll’s claims was that he underwent “tubbing”, a form of hazing where workers were submerged in a bath of unspecified chemicals and oil.
Mr Coll, who was once an accomplished athlete, detailed several psychological and physical issues that he alleged were caused by the chemicals. He said he is unable to walk any significant distance without a cane.
These injuries have caused “severe pain and discomfort as well as anxiety and depression,” according to court pleadings.
In response, the department lodged a defence denying all allegations, including any negligence or breach of duty of care. It denied Mr Coll suffered injury as a result of exposure and made no admission that it exposed him to dangerous chemicals “whether on an ongoing basis or at all”.
The trial was due to begin before Ms Justice Leonie Reynolds on Wednesday and was scheduled to last up to six weeks. However, it was indicated before the case began that the parties had reached a last-minute settlement. Previous attempts at mediation had been unsuccessful.
Finbarr Fox SC, for Mr Coll, said the case, which he described as “complex and complicated”, had been brought to a “happy resolution”.
Ms Justice Reynolds said the parties should be commended for reaching a settlement.
It is understood that the department has agreed to pay a sum of €2 million plus costs to Mr Coll.
Speaking afterwards, Mr Coll said he was demanding an official apology from the Government for the harm done to him and his colleagues.
The case is seen as a test case by campaigners and follows years of legal wrangling over discovery of evidence.
The issue of toxic chemicals exposure is also being examined by a judge-led tribunal established to examine how the Defence Forces dealt with allegations of misconduct within the organisation.
Mr Coll, who was represented by solicitor Denis Boland, accused the State of using “everything at their disposal, including money, to prevent the case from going to court”. Papers were first lodged in the case in 2014.
The Government should “definitely” come together and issue an apology, he said.
Mr Boland said his client was an elite athlete who rowed for the Defence Forces but now requires significant assistance to move around.
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