A former Royal Navy engineer who says his hearing was ruined for life when an American-made fighter jet landed next to him on an aircraft carrier deck is suing the Ministry of Defence for £500,000.
Harry Jefferson was working on board the HMS Queen Elizabeth supercarrier, refuelling a Merlin helicopter, when the supersonic F-35 stealth fighter landed just metres away from him in June 2021.
Although he tried to turn his head away, Mr Jefferson, 27, was exposed to extreme levels of noise and heat as the vertical-landing jet touched down.
Having suffered permanent hearing damage, the engineer went on to quit the Navy and is now suing the MoD for the loss of his career in the forces.
A colleague who was working with him that day, Reece Colwell, 25, is also suing, although his claim is expected to be considerably smaller because his career was not ended by the incident.
Their lawyers say they should have been ordered to stay inside or in another safe place when the Mach 1.6 (1,220mph) single-seat fighter came in to land.
The MoD has accepted breach of duty in that the pair should not have been working so close to the landing jet, but is set to fight the level of payouts in a trial at Central London County Court.
In a pre-trial hearing, barrister Stuart McCracken told Judge Jane Evans-Gordon that due to the loss of his career at such a young age, Mr Jefferson’s claim could be worth more than £500,000.
At the time of the injury, the seaman was on board HMS Queen Elizabeth, the lead ship of the Royal Navy’s supercarriers, the largest and most powerful warships ever built for Britain, which are capable of deploying up to 72 aircraft.
One such plane is the American-made Lockheed Martin F-35, known as the Lightning II, a jet which takes off via a short ‘ski jump’ ramp, but can land vertically.
In order to land, the F-35 orientates its engine downward to hover and is stabilised by a large fan behind the cockpit that pulls air from above and forces it underneath.
According to court papers, Mr Jefferson, of Gosport, Hampshire, and Mr Colwell, of Taverham, Norfolk – both air engineer technicians – were working together in June 2021 when the jet landed.
The men, who were wearing ear defenders and foam ear plugs, had started to refuel but moved to a safe area due to the incoming F-35, only to be told to go back to their work.
‘They returned to the same area of the flight deck, attached the hose to the Merlin and began the refuel,’ said Mr McCracken.
‘As they were refuelling the Merlin, the F-35 reached the HMS Queen Elizabeth…and began to land.
‘Its exhaust was down and it was within metres of the claimants’ position. It was extremely loud and hot.
‘The F-35 landed within metres of them. The claimants attempted to turn their heads away from the heat. They experienced pain in their ears, ringing and a change in their hearing.’
Following the incident, the men were approached by an aircraft handler who said he had seen what happened and encouraged them to make formal reports.
Both reported hearing difficulties the following day, with each subsequently diagnosed with ‘explosive ear trauma,’ said the barrister.
A ‘defence air safety occurrence report’ said they had been exposed to a ‘high level of noise and heat,’ leading to them being medically downgraded.
Both men suffered hearing damage, which has left them with permanent tinnitus and difficulties in hearing speech in noise, the barrister continued.
Although Mr Colwell was able to continue in the Navy, the court heard that Mr Jefferson felt he had to give up his naval career due to the impact of his ongoing hearing problems.
In April 2022, he was declared permanently ‘medically limited deployable,’ making it impossible for him to continue as an air engineer technician.
‘He felt that his promotion prospects were limited,’ said the barrister, adding that Mr Jefferson went on to terminate his service, citing the impact on his career prospects and frustration with the downgrading and review process.
‘His condition will be permanent,’ he continued. ‘He claims damages for the loss of his congenial employment in the Royal Navy.’
Mr Colwell however has continued in the Navy, which Mr McCracken said would mean his damages claim is likely to be considerably lower once it has been quantified.
In their claim, the men accused the MoD of negligence in having them refuel the helicopter at the same time as the noisy stealth fighter was landing.
During the hearing, Judge Evans-Gordon heard that the MoD has admitted breach of duty, but that the level of damages is set to be in dispute at the trial, with Mr Jefferson having given notice himself to end his service.
Lawyers’ bills in the case are set to be around £326,000 for the two men and another £117,000 on the MoD’s side.
The case will return to court for a full trial at a later date unless settled outside court.
