Personal Injury Solicitors

Ex-Marine Phillip Eaglesham (35) contracted Query (Q) fever in 2010 whilst serving in Afghanistan. Q fever, caused by bacterium Coxiella burnetii, is most commonly found in animals such as sheep, cattle and goats, but can be spread to humans when spores from animals are dispersed by the wind. The infection is found worldwide, but cases in humans are rare in the UK with about 50 cases being reported each year. Most people with Q fever will either have no symptoms or mild flu-like symptoms that pass with two weeks.

However, in some cases symptoms can last for several months and occasionally the infection can lead to life-threatening problems if it spreads to other parts of the body such as the heart. Mr Eaglesham first realised something was wrong when he became weak and lethargic, however as his symptoms persisted they developed into muscular weakness and he is now in a wheelchair.

Mr Eaglesham claims the Ministry of Defence (MoD) did not do enough to prevent him developing the disease. The infection can be treated with doxycycline antibiotics, which are effective both as a preventative treatment and in the early stages of infection. They were allegedly in use by the US and French Military at the time. Mr Ealesham’s lawyers argued that this was a breach of employee Duty of Care, under which employers owe employees a duty of care to ensure that they do not suffer any unreasonable harm or loss whilst at work. According to the Advisory, Conciliation and Arbitration Service (ACAS) this can manifest itself in many ways, from ensuring a safe working environment and protecting staff from discrimination, to undertaking risk assessments and providing adequate training. In the Eaglesham case his lawyer’s argued that the MoD should have been aware that the infection was present in Southern Afghanistan and prescribed the necessary treatment accordingly.

The High Court ruled in Eaglesham’s favour after the MoD repeatedly failed to file a full defence and provide the court with copies of all documents relevant to the case despite being granted an additional 15 months of compile the materials.

Author Petia Georgieva is a Trainee Solicitor at Duncan Lewis. She currently works in the Personal Injury department handling all aspects of the field including, road traffic accidents; employers liability claims; public liability claims.

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