Death of Dr C.E. Eddy

Just what happened to Dr C.E. Eddy when he was on loan to the Department of Supply as a member of the Safety Committee for the Monte Bello Atomic Tests? Dr Eddy died in June 1956. No possible causes of death were ever firmly established, but the primary cause of Dr Eddy's death was pneumonia.

Dr Eddy's widow made a claim for compensation on the basis that Dr Eddy's death was the result of wrongful acts and neglect by the Commonwealth. Dr Eddy was 56 years old at the time of his death and his widow was 51. He was in the employment of the Commonwealth at a substantial salary and the plaintiff was supported and would have continued to have been supported by him indefinitely to an extent commensurate with his income.

Dr Eddy's widow received £6232 pounds in death payments and all medical hospital and funeral expenses were paid by the Commonwealth.

The Commonwealth has to determine whether it will endeavor to settle Mrs. Eddy's claim out of court or whether it will contest the claim.

It is the view of the Department of Supply that -

"To have the action proceed in court with all the resultant publicity the

press give, would have an unfortunate effect on future atomic test programmes,

and whilst the Commonwealth could, in all probability,

successfully defend the case, the overall effect would not be helpful"

"There is no question that if any payment is made to Mrs. Eddy

either by ex gratia payment or by court judgment, the Commonwealth

must meet the liability. This is not the case where a claim can be made

against the U.K. as the agreement under which tests are conducted provides

for each government meeting claims arising from its own officers.

In the opinion of this Department, the Commonwealth might pay into

court a sum of three or four thousand pounds as an ex-gratia

payment without admission of liability."

"We are anxious to avoid publicity which this case would attract

but at the same time, we are conscious that the Commonwealth

has probably met all its legal obligations in this matter."

The Crown Solicitor has advised:

"I do not think it likely that the plaintiff will succeed in her action.

It will be necessary for her in order to succeed to establish that the

Commonwealth failed to provide a safe system of working or was

guilty of another breach of duty of care owing to Dr Eddy.

On the information at present available it is not considered that the

plaintiff can establish any breach of duty on the part of the Commonwealth

entitling the plaintiff to damages"

The claim was submitted for consideration

Howard Beale wrote to the Acting Secretary in the Prime Minister's department refusing to comment on the liability of the Commonwealth, but hoping that it would be found possible to make some form of ex gratia payment to Mrs Eddy in acknowledgement of her husband's services.

Members of the Safety Committee wrote to Howard Beale stating that he spent a large part of his time on H.M.S NARVIK, which was crowded and that the ship's conditions were detrimental to his health. He shared a small cabin which was hot and not well ventilated, affected by travel in unpressurised aeroplanes, frequent boat trips, sometimes in bad weather and very irregular hours prior to the tests.

"The whole operation was inevitably rigorous for a man in his

state of health, but Dr Eddy has a very highly developed sense of

loyalty and this made him reluctant to seek medical assistance.

He was determined to carry on until the operation was completed although

adjured to see a doctor on more than one occasion."

A report stating that a lump sum had been paid due to the death in service of Dr Eddy, and that it was frequently asserted that the Commonwealth is liable in common law for negligence or for the negligence of its servants.

The report continues to state:

"If, in fact, it should be held that the Commonwealth was negligent

in its responsibility to Dr Eddy, then Mrs Eddy should receive damages

and no doubt the Institute of Physics would not wish to deprive

her of her entitlement, if it exists."

"Her solicitors were seeking material 'to enable us to advise our client

as to her rights in this matter' early in August 1956. However, it is presumably

in the belief that the Commonwealth is not liable at law that the Institute is

proposing additional payments beyond those provided for by the legislature.

Whilst Dr Eddy's contribution may be distinguished from many there would

be strongly asserted additional payments by the Commonwealth on the

occasion of misfortune linked with their employment by the Commonwealth."

In other words, if we pay out in this case, the floodgates will open and others will start claiming payments.

"It is suggested therefore, that the present structure of statutory

provision and common law liability should not be disturbed."

Evidence showed that the cramped, crowded, hot, badly ventilated, uncomfortable, unhygienic and insanitary quarters contributed to his death. What about the other servicemen on H.M.S. NARVIK? What were their conditions like?

Failing to provide adequate medical services and exposing him to great physical and mentral strain when his health was inadequate.

Failing to supervise the physical health and condition of Dr Eddy.

Failing to ascertain the condition in which Dr Eddy would work and live on the said experiment. So it was an experiment!

Failing to provide a system of work and premises and plant and equipment reasonably required to prevent unnecessary danger to the health and safety of Dr Eddy. We have had rigour, now we have risk!

Failing to protect Dr Eddy from infection and failing to provide facilities and equipment and staff to detect such infection and to treat Dr Eddy when he was infected.

An extract from the post mortem stated that

"Dr Eddy's resistance had been lowered by overwork and possibly some

exposure to extremes of temperature, a viral infection of respiratory type

occurred with the not uncommon complication of secondary bacterial infection

with widespread pneumonia. This not only involved a considerable part of the lung

and therefore mechanically imposed stress on the vascular system but also

was the origin of a gross toxaemia."

Yet despite this evidence, testimonies from the Special Committee and the post mortem report it was decided that due to the Commonwealth having no further legal obligation, no special payment to Mrs Eddy should be made.

Conclusion

Despite overwhelming evidence that the conditions on H.M.S NARVIK were cramped, crowded, hot, badly ventilated, uncomfortable, unhygienic and insanitary quarters contributed to his death, no payment was made.

So you attend a nuclear test, are exposed, live in terrible conditions, are overworked, do not have the correct medical attention and yet there is no liability. The Cabinet Minute is dated 1957, 66 years later and the denial still continues.