Ruling On Payout For Nuke Test 'Guinea Pigs'

More than 1,000 veterans who were involved in nuclear tests in the Indian Ocean are waiting to hear whether they have a case for compensation.

The ex-service personnel were present at tests on Christmas Island in the 1950s.

Many of the 1,011 claimants say their health has suffered as a result of being exposed to radiation from the nuclear bombs.

So far, the Ministry of Defence has refused to accept a link between the tests and the cancer, infertility and other diseases suffered by those who were there.

Patrick Burns from Coventry was 17 at the time of the tests.

He was present when three hydrogen bombs were detonated at Christmas Island.

In 2004, an eight-inch tumour was found in Patrick's back.

Thankfully, he is now in remission after an extensive course of chemotherapy and radiotherapy.

Many of his former colleagues have not been as fortunate.

"Two hundred people have died since the action started and there's people dying every month," he told Sky News.

"I don't know what ratio it is but there's certainly people dying. I'm 73 and I was one of the youngest there."

For two of the tests Patrick witnessed he was aboard a small ship called The Messina.

Just before the bombs were detonated all personnel were ordered onto the deck.

Most witnessed the blast wearing just a pair of shorts.

The only precaution they were told to take was to turn their backs when the bomb was detonated, to avoid damaging their eyesight.

The problem for the ex-service personnel is whether their claims have been made too late after the event.

Ordinarily, claimants have just three years after receiving the injury to lodge their case.

The Supreme Court is due to decide whether this is a special exception to the rule, due to the fact that few people realised the dangers of radiation at the time.

The lawyer representing the servicemen, Neil Sampson, told Sky News: "The vast majority of the claimants are not seeking a major financial payout.

"They want an acknowledgment that harm was done to these people. They would like some compensation to help cover some of the out of pocket expenses.

"Nothing will compensate for the loss of one's husband but it is something. And that's all we would ask the government to do, to come to the table to talk to us, to talk to our clients and reach a proper, decent settlement."

Shelia Moulton's husband, Raoul, was at Christmas Island.

He died aged 43, just 15 years after the tests.

Even then his doctor thought the rapid onset of carcinamatosis was caused by exposure to high doses of radiation.

"My husband was only ill for about three months. My doctor said he had never seen anybody die so quickly of cancer," she said.

"I honestly think, when they took so many (people) out there - about 3,500 - that they were used as human guinea pigs to see how they reacted. I can't understand why they took so many out."

France, China and the USA have already settled similar claims from their service personnel.

The total value of this 'class action' would only cost the MoD about £30m.