Catastrophic accident resulting in traumatic hand amputation
A Lance Corporal from South Wales has successfully claimed compensation after a long fight with the Ministry of Defence (MoD). Serving with the Kings Royal Hussars 30-year-old Stuart Osmundsen suffered a traumatic hand amputation when it was caught in military machinery.
The horrific accident happened whilst he was stationed in Bosnia in November 1999 - it changed Stuart's life forever. He began a six year legal battle after a 'disappointing response' from the Army, whom he had trusted to look after him no matter what.
Stuart, a Challenger Tank Operator guided his tank back into its hanger when he noticed that a Warrior recovery vehicle was parked in his bay. He approached those operating the Warrior and as he spoke to one of them, he rested his left hand on the hydraulic ram on the leg of the vehicle.
Unbeknown to Stuart another colleague in the Warrior activated the hydraulic ram, trapping his hand. Although Stuart was caught by surprise at the moving equipment he tried to remove his hand quickly but it was already stuck. There was nothing he could do. Stuart was screaming as his hand was being crushed, the ram continued to rise and his left hand was amputated.
His severed hand was taken with him to hospital but it was too damaged to have been of any use - Stuart underwent a surgical amputation and stump closure.
Following the accident Stuart was told he was no longer fit to serve as a soldier and he was soon discharged from the Army on medical grounds. He received little help adjusting to his civilian life.
"I was in shock for some time after the accident. It is extremely difficult to come to terms with the loss of my hand and the things I can no longer do. I feel very fortunate for the support of my wife and close family," said Stuart.
"Every day I am faced with the emotional and physical trauma of no longer being able to address many simple tasks on my own, from tying my own shoelaces to cooking. This has a detrimental effect on my confidence and general outlook on life. Everyday presents many challenges and the length of time to carry out daily tasks can be considerable. I still experience a lot of phantom pain and despite many methods of pharmaceutical and alternative relief none have had a positive effect."
At the time of the accident Stuart was doing extremely well in his Army career. He had just been recommended for promotion to Corporal. He aspired to be a Tank Commander and planned to stay with the Army for at least 22years. He was a keen sportsman and competed in skiing races for his regiment.
"The MoD fought this case hard but we were able to secure a six-figure compensation award for Stuart. It will help him to continue to re-build his life and adjust to changes he has had to make following the accident," said Gina Heather of Alexander Harris.
"I was a very happy and content soldier and if the accident hadn't happened I would still be serving in the Army now. I feel very let down by the MoD who, once I was discharged, didn't want to know. Despite this fight I had the right legal team with me. I want to show other soldiers who may find themselves in similar situations in the future, that with a specialist solicitor onboard at an early stage you can bring a successful case against the MoD. My thanks will be forever with my solicitors at Alexander Harris and Counsel Paul Kilcoyne," added Stuart.
Stuart has recently started a new job with the South Wales Ambulance Service and would like to thank them for their support.
Since the accident The Regimental Board of Inquiry made some significant recommendations for the future protection of anyone who would come into contact with a Warrior such as applying warning signs stating 'Danger Hydraulic Ram in operation'; implementing an exclusion zone around the equipment whilst it is in use; the opening on the leg to be fitted with a mesh, which would prevent objects being placed in the leg during operation.
Notes to Editors
- All media enquiries should contact the media management department at Alexander Harris on 08700 77 88 77.
- A photograph is available of Stuart please contact the media department for a copy.
- Stuart Osmundsen lives in Llantrisant, South Wales.
- Stuart's Solicitor: Gina Heather, Partner, Alexander Harris solicitors
- Stuart's Counsel: Paul Kilcoyne, 1 Temple Gardens
- In November 2003 the MoD finally admitted breach of duty allowing Stuart's solicitor to secure an immediate interim payment for him.
- The Regimental Board of Inquiry - A Board of Inquiry is the MoD's internal fact finding expedition. Its primary aim is to investigate how a serious accident happened and hopefully prevent similar incidents from occurring in the future.
- Further information on military law and cases can be found on Alexander Harris' award winning website www.alexanderharris.co.uk
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- 04/12/2003: Tank commander wins fight against MoD
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