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£1.7m for soldier who lost a leg when his company was caught in an Afghanistan minefield
By Daily Mail Reporter
Last updated at 9:54 PM on 19th January 2011
A British paratrooper who lost a leg in a fateful mission in Afghanistan has won a £1.7million payout in a rare High Court decision.
Cases involving services personnel injured in the face of the enemy very rarely make it to court because the Crown enjoys 'combat immunity' against such claims.
Sergeant Stuart Pearson was awarded the Queen's Gallantry Medal after the tragedy in Helmand Province, which killed Corporal Mark Wright and injured five other comrades from the 3rd Battalion The Parachute Regiment.
Enlarge
Sgt Stuart Pearson (right) with the family of Corporal Mark Wright - his mother Gem, father Bobby and fiancee Gillian - after they were presented with his posthumous George Cross at Buckingham Palace
Prince Charles meets LCpl Stuart Hale, Cpl Stuart Pearson and Fussilier Andy Barlow, who were wounded in Afghanistan
He suffered devastating injuries to both his legs during the notorious 2006 incident in which Corporal Mark Wright died.
Cpl Wright was posthumously awarded the George Cross for his brave actions after the men were trapped in a minefield near Kajaki.
A 2008 inquest verdict blamed a catalogue of failings for the injuries and the death, stating that the rescue operation was dogged by confusion, delays, poor communication and a shortage of maps showing locations of minefields.
Enlarge
War hero Corporal Mark Wright who died trying to save his men
The 35-year-old paratrooper who won compensation today had to have his left leg amputated after stepping on a mine.
His right foot was also badly damaged and causes him such acute and chronic pain that he may elect for surgical amputation.
Barrister Paul Rose QC, said he will need major surgery on his foot which has only a 70% chance of success and also carries a risk of infection. If the operation fails and his pain becomes 'intolerable', a second amputation will be inevitable, he added.
As well as damages for his 'pain, suffering and loss of amenity', the MoD today agreed to pay him £600,000 for prosthetics he will need and £270,000 for his future care. The total payout came to £1.7m.
Explaining the large figure for prosthetics, Mr Rose said the mine victim remains an active man who enjoys skiing and swimming and needs a range of specialist prosthetic limbs which will need to be replaced regularly over the years.
The soldier, who lives near Edinburgh, also retained the right to return to court for more damages if he has to undergo a below knee amputation of his right leg at any time in the future.
Normally those injured in the course of duty have to rely on the Forces Compensation Scheme, which provides limited payouts under a 'tariff' system which fixes particular sums of money for particular injuries and is often far less generous than the civil law.
Enlarge
Soldiers from the 3rd Battalion the Parachute Regiment in Kajaki in 2008
However, Paul Harrington , the solicitor for the paratrooper involved in today’s case, mounted a conventional negligence claim against the MoD, alleging “breach of duty before contact with the enemy”.
Allegations made by the paratrooper’s lawyers included that his platoon was not issued with a map before the sortie which would have shown the minefield’s location and that no appropriate helicopters were available to rescue them.
Sgt Pearson, who was a corporal at the time, had told the 2008 inquest his team had been trying to rescue a colleague who was on his way to observe an enemy position when he trod on a mine and had his leg blown off.
He had planned to clear a path to move the soldier to safety to await a rescue helicopter arrived, but then he too stood on a mine.
The paratrooper was then blasted a further two times - when a colleague giving him first aid stood on a mine and when a helicopter came .
Two American Blackhawk helicopters, fitted with winches, were eventually sent to rescue the soldiers, three and a half hours after the first explosion was reported.
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Add your comments Comments (13)
Here's what readers have had to say so far. Why not add your thoughts below, or debate this issue live on our message boards.
The comments below have been moderated in advance.
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Good for him!!!! I'd rather this money went to our soldiers, rather than squandering it on foreign nations and the EU. We should be looking after our armed service personnel from all the forces, for they are the ones who look after us, and allow us to sleep soundly at night. God bless our armed forces. God Save The Queen!!!
- The Voice of Reason, Leigh, Lancs, 19/1/2011 19:42
Click to rate Rating 114
Report abuse
Time this farce stopped. That lad has lost his leg and likely will suffer psychological trauma for a very long time. The country has lost £1.7m - when it most needs it. And for what? To quote Mr Springsteen..........absolutely nothing! Absolutely flaming nothing! - Patricia, Hexham, Northumberland, ------------------------------------------------------- Best news I have read all week. Patricia, would you prefer we gave the money away to other nations. - phil, Salisbury, 19/1/2011 19:08 The money came from British tax-payers, so I would prefer the money was used for British hospitals, schools and decent, affordable housing for the people here who work hard and contribute towards society. I would also prefer that this lad had two legs and a mind clear of horrific memories.
- Patricia, Northumberland, UK, 19/1/2011 19:35
Click to rate Rating 50
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No wonder most of those selected by the SAS come from this regiment of men. I hope the payout enables him to live a full and active life, after what he as been through it is the very least he deserves.
- Don Butt, Nottingham ENGLAND, 19/1/2011 19:33
Click to rate Rating 77
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Good luck to him. All our injured soldiers deserve to be treated similarly.
- colin , cumbria, 19/1/2011 19:26
Click to rate Rating 87
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It's about time OUR heros were given what is deserved for defending our country. I hope it helps him have a better life for the future. Well done another hero!!!!!!!!!!!!!! And, hopefully other soldiers will get the same because they deserve it. - bonnythescouser, liverpool, 19/1/2011 Actually your heroes are making Britain a more dangerous place. I'm sure that is not their intention, in fact I feel sure that many of them really are sincere in their belief that their 'work' is somehow worthwhile. However, the fact remains that Britain is far more open to terrorist attacks with the British Army and their pals interfering in a country which has nothing to do with them. This is NOT defending Britain. Anything but!
- Rose, Carshalton, Surrey, 19/1/2011 19:25
Click to rate Rating 72
Report abuse
Good luck to the Soldier for the future, all he needs to do now is get on with his life
- Jim, Leicester, 19/1/2011 19:16
Click to rate Rating 103
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By Daily Mail Reporter
Last updated at 9:54 PM on 19th January 2011
A British paratrooper who lost a leg in a fateful mission in Afghanistan has won a £1.7million payout in a rare High Court decision.
Cases involving services personnel injured in the face of the enemy very rarely make it to court because the Crown enjoys 'combat immunity' against such claims.
Sergeant Stuart Pearson was awarded the Queen's Gallantry Medal after the tragedy in Helmand Province, which killed Corporal Mark Wright and injured five other comrades from the 3rd Battalion The Parachute Regiment.
Enlarge
Sgt Stuart Pearson (right) with the family of Corporal Mark Wright - his mother Gem, father Bobby and fiancee Gillian - after they were presented with his posthumous George Cross at Buckingham Palace Prince Charles meets LCpl Stuart Hale, Cpl Stuart Pearson and Fussilier Andy Barlow, who were wounded in AfghanistanHe suffered devastating injuries to both his legs during the notorious 2006 incident in which Corporal Mark Wright died.
Cpl Wright was posthumously awarded the George Cross for his brave actions after the men were trapped in a minefield near Kajaki.
A 2008 inquest verdict blamed a catalogue of failings for the injuries and the death, stating that the rescue operation was dogged by confusion, delays, poor communication and a shortage of maps showing locations of minefields.
Enlarge
War hero Corporal Mark Wright who died trying to save his menThe 35-year-old paratrooper who won compensation today had to have his left leg amputated after stepping on a mine.
His right foot was also badly damaged and causes him such acute and chronic pain that he may elect for surgical amputation.
Barrister Paul Rose QC, said he will need major surgery on his foot which has only a 70% chance of success and also carries a risk of infection. If the operation fails and his pain becomes 'intolerable', a second amputation will be inevitable, he added.
As well as damages for his 'pain, suffering and loss of amenity', the MoD today agreed to pay him £600,000 for prosthetics he will need and £270,000 for his future care. The total payout came to £1.7m.
Explaining the large figure for prosthetics, Mr Rose said the mine victim remains an active man who enjoys skiing and swimming and needs a range of specialist prosthetic limbs which will need to be replaced regularly over the years.
The soldier, who lives near Edinburgh, also retained the right to return to court for more damages if he has to undergo a below knee amputation of his right leg at any time in the future.
Normally those injured in the course of duty have to rely on the Forces Compensation Scheme, which provides limited payouts under a 'tariff' system which fixes particular sums of money for particular injuries and is often far less generous than the civil law.
Enlarge
Soldiers from the 3rd Battalion the Parachute Regiment in Kajaki in 2008 However, Paul Harrington , the solicitor for the paratrooper involved in today’s case, mounted a conventional negligence claim against the MoD, alleging “breach of duty before contact with the enemy”.
Allegations made by the paratrooper’s lawyers included that his platoon was not issued with a map before the sortie which would have shown the minefield’s location and that no appropriate helicopters were available to rescue them.
Sgt Pearson, who was a corporal at the time, had told the 2008 inquest his team had been trying to rescue a colleague who was on his way to observe an enemy position when he trod on a mine and had his leg blown off.
He had planned to clear a path to move the soldier to safety to await a rescue helicopter arrived, but then he too stood on a mine.
The paratrooper was then blasted a further two times - when a colleague giving him first aid stood on a mine and when a helicopter came .
Two American Blackhawk helicopters, fitted with winches, were eventually sent to rescue the soldiers, three and a half hours after the first explosion was reported.
Explore more:
People: Mark Wright Places: Edinburgh, Afghanistan
Print this article Read later Email to a friend Share this article:
Digg it
Newsvine
Delicious
MySpace
Nowpublic
Fark
Ads by Google:
StatoilNorwegian Oil & Gas Company.Start exploring our operations.www.Statoil.com
Crucifixion of JesusDid Jesus Rise From the Dead?Discover the Facts From Scholarswww.y-Jesus.com/Crucifixion
Add your comments Comments (13)
Here's what readers have had to say so far. Why not add your thoughts below, or debate this issue live on our message boards.
The comments below have been moderated in advance.
View all
Good for him!!!! I'd rather this money went to our soldiers, rather than squandering it on foreign nations and the EU. We should be looking after our armed service personnel from all the forces, for they are the ones who look after us, and allow us to sleep soundly at night. God bless our armed forces. God Save The Queen!!!
- The Voice of Reason, Leigh, Lancs, 19/1/2011 19:42
Click to rate Rating 114
Report abuse
Time this farce stopped. That lad has lost his leg and likely will suffer psychological trauma for a very long time. The country has lost £1.7m - when it most needs it. And for what? To quote Mr Springsteen..........absolutely nothing! Absolutely flaming nothing! - Patricia, Hexham, Northumberland, ------------------------------------------------------- Best news I have read all week. Patricia, would you prefer we gave the money away to other nations. - phil, Salisbury, 19/1/2011 19:08 The money came from British tax-payers, so I would prefer the money was used for British hospitals, schools and decent, affordable housing for the people here who work hard and contribute towards society. I would also prefer that this lad had two legs and a mind clear of horrific memories.
- Patricia, Northumberland, UK, 19/1/2011 19:35
Click to rate Rating 50
Report abuse
No wonder most of those selected by the SAS come from this regiment of men. I hope the payout enables him to live a full and active life, after what he as been through it is the very least he deserves.
- Don Butt, Nottingham ENGLAND, 19/1/2011 19:33
Click to rate Rating 77
Report abuse
Good luck to him. All our injured soldiers deserve to be treated similarly.
- colin , cumbria, 19/1/2011 19:26
Click to rate Rating 87
Report abuse
It's about time OUR heros were given what is deserved for defending our country. I hope it helps him have a better life for the future. Well done another hero!!!!!!!!!!!!!! And, hopefully other soldiers will get the same because they deserve it. - bonnythescouser, liverpool, 19/1/2011 Actually your heroes are making Britain a more dangerous place. I'm sure that is not their intention, in fact I feel sure that many of them really are sincere in their belief that their 'work' is somehow worthwhile. However, the fact remains that Britain is far more open to terrorist attacks with the British Army and their pals interfering in a country which has nothing to do with them. This is NOT defending Britain. Anything but!
- Rose, Carshalton, Surrey, 19/1/2011 19:25
Click to rate Rating 72
Report abuse
Good luck to the Soldier for the future, all he needs to do now is get on with his life
- Jim, Leicester, 19/1/2011 19:16
Click to rate Rating 103
Report abuse
The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline.
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You have 1000 characters left.
We welcome your opinions. This is a public forum. Libellous and abusive comments are not allowed. Please read our House Rules.
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