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The Ministry of Defence is reviewing compensation claims for service personnel suffering from multiple war wounds after an outcry over a soldier who was awarded payment for only three of his 37 injuries.
Lance Bombardier Ben Parkinson, 23, who served in southern Afghanistan with the 7th Parachute Regiment Royal Horse Artillery, lost both his legs and suffered serious head injuries when a landmine exploded in Helmand province last September.
Diane Dernie, his mother, said yesterday that she was planning to take the MoD to the High Court because her son was awarded £152,150 in compensation for his three worst injuries but the assessment did not take account of all his other wounds.
She told The Times: “They assessed his compensation on the basis of losing both his legs, his head injuries and a broken elbow. But he also lost his spleen, lost his voice and had shattered ribs.”
His other injuries included a fractured cheekbone, nose, jaw, pelvis and vertebrae. He is believed to be one of the worst-wounded servicemen ever to survive, but his mother said that he would need care and special help for the rest of his life.
The MoD said yesterday that a review was under way that was looking at whether to change the compensation scheme to assess damage according to multiple injuries rather than on the three worst ones, the present formula used by the Armed Forces Compensation Scheme (AFCS).
Mrs Dernie, 49, from Doncaster, South Yorkshire, said that the award given to her son was an insult.
She added: “I wouldn’t have made a fuss if he had been given the maximum compensation, which is £285,000. But to be granted an award at that level a soldier has to be a paraplegic and blinded and to be in a persistent vegetative state.”
She said that her son was granted a 100 per cent award for losing his legs, resulting in a payment of £115,000; 30 per cent – £34,500 – for his head injuries; and 15 per cent, or £2,650, for his broken elbow.
“We just can’t believe that a scheme intended to care for soldiers who put themselves in such dangerous situations could be so flawed,” she said.
“The severity of Ben’s injuries means that we need to be able to move to an adapted house to help him to live as normal a life as possible. I really don’t believe this will be possible with an award of this size.”
Mrs Dernie said that her son had recently begun to try to speak. “But it’s going to be a long, slow business.”
Andrew Buckham, her solicitor, said: “The current conflicts in Afghanistan and Iraq are resulting in service personnel returning to the UK with horrific injuries that will need rehabilitative support and care in the long term . . . The current scheme is not flexible enough fairly to assess the case of multiple injuries such as Ben’s and, with an upper limit of £285,000, the scheme does not provide sufficient funds to meet the future needs of severely injured service personnel.”
A spokesman for the MoD said: “The AFCS scheme is based on modern best practice and was developed in line with other existing, established models such as the Criminal Injuries Compensation Scheme.”
Under the civilian scheme, covering people hurt during the course of a crime, a victim who suffers from paralysis of the lower limbs would be awarded £175,000, and permanent brain damage merits £250,000. Mrs Dernie said that the civil scheme could pay out a maximum of £500,000.
The MoD spokesman said: “We are keeping it [the compensation scheme] under review in light of experience, particularly the complex injuries currently being sustained on operations, to ensure that it remains focused on the most severely injured.”
Lance Bombardier Parkinson is still in the Army and receiving his full pay.
The MoD said that when he left the Army he would be given a guaranteed income based on his age and rank and service. Mr Buckham said that this amounted to £19,000 a year. The MoD said that the payment would be increased in line with inflation.
— British troops will be withdrawn from Iraq at a time to suit Britain’s interests, David Miliband, the Foreign Secretary, said yesterday (Michael Evans writes). The timing would not be dependent on what the US was doing in Baghdad.
Mr Miliband spoke as reports from Basra indicated that the 500 British troops still based in the city centre could be pulled out within the next few days and moved to the main base at the airport. The 500 troops are at the Basra Palace complex in the city.
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Why isn't Lance-Bombardier Ben Parkinson's care being paid for by Doncaster PCT? The NHS paid £1,000 a week for the in-home care provided to the late Malcolm Pointon, an Alzheimer's sufferer, and the Coughlan judgement of July 1999 is still the law of the land, that where the primary need is a health need, then the NHS must pay - for everything. Mrs Dernie should take her case there as well as to the High Court.
David Cunard, Los Angeles, USA
Count your blessings. U.S. soldiers without enough length of service to qualify for retirement veterans benefits and that have been horribly injured are turned out once considered stabilized. They have to apply for regular civilian disability which is based on their lifetime earnings and as most are young and many without previous work experience will be fortuanate to get $800.00 per month. Most wind up being left behind by their spouses if they had any. Their children, if any, are usually too young to help them and the majority are from disadvantaged backgrounds whose families do not have the recources to help them. Of course our congressional and senatoial leaders are awarded pensions for life even if they fail to obtain re-election after one term with theit hand in the candy jar.
robert meissner, burleson, texas
Stark contrast to the civilian RAF clerk who got £484,000 for a sore thumb! (not repayable if it gets better)
These differences cannot be defensible if challenged in court? I recall women in teh forces, being awarded £330,000 for beng required to leave on pregnancy, even if their declared intention was to leave anyway....
The logic defies comprehension, and damages credibility and faith in the law and the govenrnment
Army Officer, London, GB
Utterly disgusting. The MOD and the government should be thoroughly ashamed at the treatment that injured returning troops receive. This poor kid and his family's lives have been devasted and then to receive this totally inadequate and insulting amount... Sickening.
Dave, London,
Soldiers enjoy what they do and fully understand the risks they face. They rarely give thought as to why they are where they are and in most cases why they are fighting. This may come as a terrible shock to their parents and loved ones. In return they have a lifestyle few others can contemplate, only those who have filled their shoes, shared their ranks and friendship. So don't pity them and give them the honor of being grieved silently.
However, I fully understand this young lads mother and family being outraged by the appalling manner in which the MOD have dealt with this and other cases, particularly following the unbelievable case mentioned above. I applaud the family and hope they make an example of the MOD and ensure that future soldiers are looked after, in all areas, on their return from battle. No soldier will ever return unscathed and those that send them there need to remember that.
Jon, Peterborough, Cambridgeshire
It truly is an appalling state when such real and horrific injuries that will require extensive care for the rest of his life are so poorly compensated.
What a shame this hero wasn't racially or sexually discriminated against. Then he'd have been awarded many hundreds of thousands of pounds thanks to our warped sense of justice.
Ian Wells, London, London
Well done Mrs Dernie. Please ignore Christine of Dorset. Without Mothers who support the troops and the trrops themselves, who would provide the blanket of security that she sleeps under nightly? Someone has to stand up and be counted and defend the freedoms that many take for granted. Let us be thankful for soldiers like LBdr Parkinson and let us give them the support they need if injured in battle.
Rich Davidson, Watford, Hertfordshire
When are the children on members of Parliament going to go to Iraq and Afghanistan as soldiers? The Americans really look after their servicemen, even when they are demobbed. As an ex-regular (RAF), I am disgusted by the plight of poor unfortunate Ben and the award must cover the rest of his life in comfort.
B J Deller, Marbella, Spain
It is high time the issue of compensation for war wounded services personnel was reappraised...
When we consider how much is spent on 'going to war' in the first place, reasonable recompense for our troops, if injured or killed, should be obligatory...
They are , after all, serving their country & it is now time for their country to acknowledge this by providing them & their dependants with a fair & reasonable standard of continuing medical care & living expenses.
John Rellie, Bicester, UK
I am an ex-soldier and I totally applaud what Mrs Dernie is doing. The MoD don't care what happens to soldiers when they can no longer perform the tasks they bravely enlisted to do. After fighting form my country for six years. I had to fight for 30yrs before I received a war pension. The faceless bureaucrats sitting behind the safety of their desks at Whitehall fought against me every step of the way and if it was up to them I wouldn't have a penny. I am unemployable due to my injuries yet receive a pension of just £70.00 a week. So well done Mr and Mrs Dernie. I hope ben receives all the care he so rightly deserves.
William, Glasgow,
this brave lad should have been a typist in the m.o.d., staved his thumb and walk away with £500,000
jim, inverness, scotland
I would just like to say I support Mrs Dernie and wish that her son Ben would receive ten times the amount he has been awarded (at least), and even then it would of course never make up for the loss of his legs. At the same time, I just wish mothers would take on board that if they have sons who go into the forces, they are now being sent to places like Afghanistan and Iraq where their lives are being wasted, and that the best thing to do is not even join up in the first place.
Christine, dorset,