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A former soldier who accused the Ministry of Defense of failing in his duty of care not to prevent him from contracting Q fever in Afghanistan lost his case.
Wayne Bbad, who was a soldier in the 2nd Battalion of the Mercian Regiment, said his life had been ruined after serving in Helmand province in 2011 and 2012 without receiving any antibiotics from the United States. # 39; army.
Humans can get Q fever after breathing in the dust of infected farm animals such as sheep, cattle and goats.
During his tour, Mr. Bbad was in contact with goats and sheep and "was often forced to shelter, to cross ditches and crawl on the ground, in contact with animal products. and excrement, "said his lawyers.
Mr. Bbad, 34, was released from the military for medical reasons in 2014 because of his Q fever and chronic fatigue symptoms.
Judge Heather Baucher, QC, sitting in the Central London County Court on Friday, said the Department of Defense had not failed in her duty to solicit Mr. Bbad.
In her written judgment, Justice Baucher stated that the risk of Q fever was "low" and there was no evidence to suggest that this had changed with Mr. Bbad's deployment.
She added, "The defendant could not do anything to avoid exposure to Q fever, except to avoid deploying troops in Afghanistan.
"I have concluded that the defendant did not breach his duty of care."
Theo Huckle QC, representing Mr. Bbad, had previously told the court that as an employer, the Department of Defense should have identified the risks to him and taken "all reasonable steps to minimize , eliminate or minimize risks.
In court documents exposing the case, it is argued that the Ministry of Defense should have considered using doxycycline, an antibiotic used to treat Q fever, as an antimalarial drug.
But Baucher J. said there was no evidence to support claims that doxycycline would have been an effective preventive measure for Q fever.
She added, "There is no evidence that since doxycycline is effective in treatment, it is effective as a preventative treatment.
"It follows that, regardless of the breach, the plaintiff can not prove his case on a causal link."
Judge Baucher stated that, despite the loss of her file, she hoped that Mr. Bbad could find a way to move it.
She added, "I know the result will be a disappointment for Mr. Bbad.
"I was impressed by his resilience and his behavior during the trial. I hope that the case is now resolved, he will be able to find a way to go forward. "
This was the first case to test the Defense Department's duty to protect itself against Q fever, said Hilary Meredith Solicitors, the company acting on behalf of Mr. Bbad.
In a statement issued after the decision, Dianne Yates, chief of staff, said, "We will review this judgment in detail before deciding on the best course of action for our client.
"Mr. Bbad, who had left the army in 2014, remains in poor health because of the Q fever he contracted in Afghanistan.
"While reviewing Mr. Bbad's options, including a possible appeal against this judgment, we will continue to support him in any way we can.
"We urge the Department of Defense to do the same. His best interests must come first. "
In a statement, a spokesman for the Defense Ministry said: "The Ministry of Defense follows the recommendations of the Joint Committee on Vaccination and Immunization, which does not recommend Q fever vaccination.
"We carefully review all claims and pay compensation where there is a legal obligation to do so."
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