We helped Andrew* and Brian* secure a six-figure settlement after being wrongly advised on stove use while on military training. They both sustained carbon monoxide poisoning and were medically discharged from their roles.

What happened to Andrew and Brian?

Andrew and Brian both served in the military and loved their roles. The pair were sharing a tent while participating in cold weather training in Norway.

It was common practice to cook in the bell at the end of the tent. This was due to the extreme weather conditions outside.

One day, Andrew started boiling water on the stove when he started to feel dizzy and nauseous. He put his symptoms down to the cold weather and the training he’d taken part in that day.

The next morning, Andrew left the tent while Brian cooked breakfast. When Andrew returned, Brian went to lay down. His body started twitching in a way that resembled a seizure. Andrew tried to wake Brian, but he couldn’t.

Andrew called for medical support and Brian was removed from the tent. Shortly after, Andrew went back inside the tent to get Brian’s kit, but he collapsed.

Andrew and Brian were put on high flow oxygen followed by continuous positive airway pressure on the way to hospital.

They were diagnosed with carbon monoxide poisoning, caused by the defective naphtha stove used to cook their breakfast. They were well enough to leave hospital after a short period of treatment.

How did carbon monoxide poisoning impact Andrew and Brian?

In the days and months following the incident, Andrew and Brian noticed symptoms they hadn’t experienced before.

Andrew struggled to complete his three-mile run to work. He experienced brain fog, altered mood, and chronic fatigue which caused him to fall asleep at his desk by lunchtime.

Brian was diagnosed with a hypoxic brain injury caused by the carbon monoxide poisoning. He developed a continuous headache, concentration difficulties, and difficulties with planning and memory recall, often forgetting the name of his pets and colleagues. Brian also had his driving licence revoked for a period while his brain injury was investigated, making his day-to-day life very difficult.

Andrew and Brian were medically downgraded, which put limitations on what they could do while serving for the Ministry of Defence (MOD).

They underwent medical investigations and attempted prolonged rehabilitation at the MOD’s specialist rehabilitation centres. Regrettably both were medically discharged from service with the MOD because of their ongoing symptoms and difficulties, which meant they were unable to perform their roles.

How did Irwin Mitchell help Andrew and Brian?

Andrew and Brian came to our military team to bring a claim against the MoD for their negligence failing to make sure the stove was safe to use inside a tent.

In both cases, the MOD admitted breach of duty. This was for:

• Failing to make sure that the stove was maintained in an efficient state
• Permitting the stove to be used inside the tent contrary to the manufacturer’s instructions
• Failing to implement carbon monoxide monitoring.

Despite the early admission, our team had to work for a long time to make sure Andrew and Brian both received the appropriate amount of compensation.

We worked with several specialist experts from fields such as:

• Respiratory
• Neurology
• Neuropsychology
• Psychiatry
• Employment.

We were able to prove that Andrew and Brian’s injuries, ongoing symptoms, and the reason for their medical discharge were a result of the carbon monoxide poisoning.

Their ongoing symptoms are significantly disabling in social, work, and leisure aspects of their lives, such that they’re both now considered disabled. Both have received treatment recommendations, but it’s expected that their difficulties will be life-long.

We were able to agree a six-figure settlement with the MoD for Andrew and Brian. This will make sure the pair are both financially secure in the future.

Expert opinion

On the claim, Rebecca Wood said: “We are pleased to have negotiated significant settlements for our clients.  

“This was an entirely avoidable situation, and no amount of compensation can bring back their health and the careers they loved. However, their settlements will provide financial security in civilian life and help them move on after a very difficult period for them both.”

*Name changed to protect anonymity.

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