The Ministry of Defence has admitted that a decorated RAF pilot died of cancer because of his military service as it awarded his widow a pension.
Squadron Leader Kai Macnaughton was 52 and still serving in the military when he was diagnosed with a rare and aggressive form of blood vessel cancer and died three weeks later aged 53.
The father-of-two had been exposed to toxic exhaust fumes while flying thousands of hours on Puma helicopters as a navigator and then as a pilot on Chinook helicopters supporting special forces operations over two decades.
During his service he completed seven tours of Afghanistan and had a Mention in Despatches for his involvement in a rescue operation during the conflict.
His widow, Clare Macnaughton, was convinced the fumes he was exposed to while flying the helicopters had caused his cancer after hearing from other former pilots who were suffering. She said for the Ministry of Defence (MoD) to admit his cancer was a result of his military service was “vindication” for what she had believed all along.
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In a letter received this month from Veterans UK, the support organisation of the MoD, it said her “husband’s passing was service related” and she was entitled to a war widows pension. It also said she would be now considered for a pension from the armed forces pension scheme as a result. However the MoD did not admit any fault and Macnaughton said she would continue to pursue a civil case against it for failing to tell her husband about the risk and to offer him protective clothing.
“It’s important because it paves the way for civil action. It’s also gives me a sense of closure and vindication for Kai,” she said.
It is understood the MoD often issues a war pension to those whose partners have died of cancer while still serving, without admitting fault.
Macnaughton’s case is likely to encourage others who have lost loved ones to cancer after they flew in helicopters to apply for the pension, which is only given to those whose partners died as a result of their service during a specific time period.
She is among more than 100 people suing the MoD claiming it was exposure to toxic fumes that caused either their cancer of that of their loved ones.
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Lawyers said that the engine jet efflux gases containing benzene carcinogens were apparently being sucked through the cabin and out again, mixing with the air everyone onboard the aircraft was breathing.
However, those aircrew serving in the British military were not provided with masks or filters or told about the risks, lawyers have claimed.
Macnaughton joined the RAF when he was in his early twenties and was first exposed to the fumes in the 1990s. He spent time flying with No 7 Squadron, the special operations support helicopter wing. He stopped flying in 2012 and moved into an air liaison role.
He was diagnosed with cancer in February last year and died in March.
Hugh James solicitors, which is representing the cancer sufferers and their families, also took the MoD to the High Court on behalf of members of the armed forces who have suffered from hearing loss.
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At a hearing on Monday, unrelated to the cancer cases, the MoD accepted responsibility for the hearing loss suffered by former armed forces personnel in what was described as a “groundbreaking” agreement. Lawyers for the MoD accepted that it had a “duty of care” towards personnel.
The agreement applies only to those who have served in regular or reserve armed forces since 1987 and does not apply to civilian military staff or cadets.
While the MoD accepts that noise exposure during service caused hearing loss among former personnel, it may dispute the extent to which this happened in individual cases.
That issue, and others in contention in relation to the claims, are due to be decided at a trial involving several “test cases”, which is expected to be held between October and December 2025. The outcome of the trial will likely then affect how much compensation thousands of others could receive.
As part of the agreement, the MoD will also no longer fight claims brought by those represented by Hugh James on the basis that they are being brought to court too late, or the level of noise they were exposed to.
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This means that those represented by the firm will only need to prove they suffered hearing loss during service, with the amount of compensation received to be determined through a “matrix”, based on when they left the military.
Claimants may still be able to launch an individual legal challenge if they disagree with what is offered.
Under the agreement, the MoD reserves the right not to offer compensation in the same terms as those determined by the “matrix” to those who are not represented by Hugh James.
Simon Ellis, partner and head of the specialist military department at Hugh James, said: “This is a groundbreaking development for servicemen and women seeking justice for their hearing loss.
“Many military personnel suffered hearing loss that was entirely preventable, had they been provided with the correct equipment and training.
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“As a result, individuals have had their careers prematurely ended, other employment opportunities denied to them, and their personal lives irrevocably changed. People who put their lives on the line in the service of our country should expect that they are not put in additional unnecessary danger by their employer.”
An MoD spokeswoman said: “We hugely value our service personnel and veterans and owe a debt of gratitude to all those who serve, often with great personal sacrifice.
“We continually review our policies to ensure they are aligned with good practice and protect our people from harm.”
