In the aftermath of the UK Armed Forces joining the largest Arctic exercise in decades, Rachel Seddon, solicitor at Slater and Gordon, reflects upon past experience of assisting military personnel rebuild their lives after negligent exposure to cold and what lessons can be learned to prevent and rehabilitate those suffering from cold-related conditions
Six Royal Navy ships and a further 2,000 UK personnel recently joined 26 other nations (30,000 troops) for Exercise Cold Response 2022 off the shores of Norway.
Commenting on the exercise, which usually takes place every other year, Defence Secretary Ben Wallace said: “The Arctic is becoming an area of increasing military competition and the security of the region is directly linked to our national security.
“Exercise Cold Response is a demonstration of NATO’s ability to both operate and compete in one of the harshest environments in the world and is demonstration of how a multinational force would defend Europe’s northern flank”.
Commander UK Strike Force embarked in HMS Prince of Wales is responsible for leading NATO’s Maritime High Readiness Force – an international task group formed to deal with major global events – and deploys for the first time in that role to Cold Response.
HMS Albion leads the UK’s amphibious input, with ‘traditional’ commando raids in the fjords with also almost 1000 Royal Marines deployed to enhance their operative ability in the freezing conditions.
What is a NFCI and Duty of Care?
Non-freezing cold injury (‘NFCI’) develops after sustained exposure to cold temperatures, resulting in tissue cooling but not freezing. This can result in persistent sensory disturbance of the hands and feet including numbness, paraesthesia and chronic pain. Both vascular and neurological aetiologies of this pain have been suggested but remain unproven.
When a person’s core temperature falls too low, the blood vessels constrict, reducing blood flow to the extremities. If there is no immediate treatment, then nerve and blood vessel damage can occur, sometimes causing permanent injury.
Chronic non-freezing cold injury is a disabling neuropathic pain disorder due to a sensory neuropathy. Why some individuals develop an acute painful sensory neuropathy on sustained cold exposure is not yet known, but individuals of African descent appear vulnerable.
Myself and the team at Slater and Gordon believe the Ministry of Defence has a duty to protect service personnel from unnecessary cold injuries. Training and other exercises ought to be carried out safely.
- Kit and equipment should be sufficient to avoid injury even in tough climatic conditions
- There should be full training on recognising, preventing and reporting NFCI and other injuries
- Personnel should be monitored for signs of cold injury and evacuated when they report symptoms of NFCI and other injuries and whilst there must be an element of realism, not required to undertake excessive physical tasks in inappropriately cold and wet conditions
We have seen numerous cases of NFCI in current personnel and veterans and most recently represented a British Army soldier whose onset of symptoms occurred during a promotional exercise and negligent exposure to sub-zero temperatures. After a period of delay, the soldier was eventually referred to the Institute of Naval Medicine where a diagnosis of NFCI to the hands and feet was made.
The soldier struggled to walk due to suffering chronic pain and numbness and the symptoms were worsened by warm or cold conditions.
The soldier underwent numerous pain management courses and psychological therapies but was eventually medically discharged. Expert evidence confirmed that the early rehabilitative intervention, firstly by the Defence Medical Services and the subsequent treatment arranged by myself and the team, minimised the future effect on the soldier’s post-military civilian career equipping him with vital knowledge and strategy to manage his condition long-term.
- Rachel Seddon is an associate solicitor in the specialist military team at Slater and Gordon
