Gordon was employed as an aircraft fitter for Shorts from the early 1990s. For a period of about 19 years he constantly used tools that vibrated during use. He began to experience problems with his hands in the form of swelling and pins and needles, especially at night when going to bed.
Carpal Tunnel Syndrome Investigations
Gordon’s doctor believed the issue to be carpal tunnel syndrome. However, early nerve conduction studies did not confirm that. Despite this he underwent bilateral carpal tunnel release but as soon as he went back to his job he developed symptoms again.
Gordon contacted Paschal O’Hare Solicitors
Gordon contacted Patrick O’Hare who was recommended to him by a friend in order to pursue a claim against his employer. We obtained a medical report from a consultant vascular surgeon. A report was also commissioned from a Consulting Engineer who considered the nature of the work Gordon performed and the types of vibrating power tools which he used. We also investigated the historical case law which clarified that employers knew of the dangers of over using power tools.
The Court of Appeal in England had the date of knowledge as 1975.
High Court proceedings were initiated however the matter was negotiated and ultimately settled for £15,000 just before the trial.