Theo Huckle QC leads Turan Hursit and Frederick Powell in Q Fever test appeal against the Ministry of Defence
On 5th and 6th December 2019, Theo Huckle QC led Paul Kilcoyne (of Temple Garden Chambers), Turan Hursit, and Frederick Powell in the eagerly-awaited High Court test appeal against the Ministry of Defence, acting on behalf of Mr Wayne Bass. The case is the first in the widely reported Q Fever litigation brought by soldiers to obtain judicial rulings on the merits.
Mr Bass served in Helmand Province in the Herrick 15 deployment from October 2011. Whilst there, he contracted Q Fever – a serious air-borne bacterial infection. He subsequently developed the well-recognised Q Fever Chronic Fatigue Syndrome (‘QFCFS’) and has since been severely disabled and unable to work. Mr Bass brought a claim for damages against the Ministry of Defence, arguing that had he been prescribed a well-known form of anti-malarial medication, Doxycycline, as chemoprophylaxis to guard also against the rickettsial Helmand fevers, including Q Fever, he would not have become ill and subsequently developed QFCFS.
The case was heard at trial in early 2019. The appeal was heard by Martin Spencer J in a rolled-up permission and merits hearing on 5th and 6th December 2019. Judgment is awaited.