Viola Player Sues Royal Opera House

https://www.belfasttelegraph.co.uk/...earing-damage-during-rehearsals-36548235.html

Viola player sues Royal Opera House over ‘hearing damage’ during rehearsals

Christopher Goldscheider says he has been devastated by the effects of ‘acoustic shock’ he claims to have suffered while playing in the orchestra.

A leading viola player who says his hearing was irreparably damaged by loud music during rehearsals has started a landmark case against the Royal Opera House.

In the first case of its kind, which could have major repercussions for live performance, Christopher Goldscheider claims he was exposed to unacceptable noise levels in the pit at the Covent Garden venue in 2012.

The 48-year-old classical musician, from Biggleswade, Bedfordshire, claims he suffered “acoustic shock” and became unwell after sitting in front of an 18-strong brass section during orchestral rehearsals for a performance of Richard Wagner’s Ring Cycle.

If he succeeds, Mr Goldscheider is likely to receive more than £1 million in damages as his claim for lost earnings alone is almost £750,000.

His lawyers told London’s High Court on Tuesday that the result has been “devastating” for Mr Goldscheider, who was unable to return to work at the opera house and has had to give up playing or even listening to music.

Theo Huckle QC said the effects of the injury – including hypersensitivity to noise – have plagued him ever since and have “seriously diminished his life in all significant respects”.

Mr Goldscheider told the court he has learned to manage his condition by avoiding certain sounds which may cause him pain.

He said: “Since I left the opera house, I have had a fairly quiet existence.

“I have learned to control my environment and I get symptoms if I go into a loud environment or I am very susceptible to vibrations, from large fridges for example.

“I know these things make me unwell so I avoid them. It can be anything that is above the norm, so a noisy restaurant would do it.”

The court heard Mr Goldscheider was exposed to an average noise level of 91 decibels over a three-hour period and that, despite him wearing ear plugs, that level gave rise to a “substantial risk of injury”.

The levels were being recorded at the time as there had been previous complaints from other members of the orchestra, his legal team said.

The Royal Opera House Foundation, which runs the venue, contends Mr Goldscheider’s claim is in “many ways bizarre” and that his condition was not caused by playing in the orchestra.

Lawyers for the foundation said Mr Goldscheider had been provided with ear protection and the opera house had gone “as far and, if anything, further than the reasonable employer” to reduce noise levels.

David Platt QC also said the Royal Opera House is “one of the great national and international cultural institutions of this country”, and the case could have “significant implications” for it and other UK orchestras.

In a document outlining the defence, he said: “The operas of Richard Wagner often provoke strong emotions.

“Whilst probably the greatest musical theatre ever written, they have been appropriated by German nationalism and engender controversy to this day.

“Nevertheless it is unprecedented for it to be alleged that they cause actual injury to its participants.”

He added: “The music of Richard Wagner is not to blame.”

The hearing, in front of Mrs Justice Nicola Davies, continues.

 

That's terrible. Ya see, I feel this should be common knowledge. People need to know that tinnitus and hyperacusis can happen to them if they're not careful.

 

At the very least, there should be better ear protection. I don't know what else can be done, as far as the orchestra sound levels, but I'm sure that he's not the first musician to suffer like this, it's probably been going on for hundreds, if not more, of years.

 

That is terrible. I can see how he could sue if his employer did not tell him about the risks.

I am not sure why I have T, but I do have some bilateral hearing loss in the mid-frequency range. I immunize babies and children who have been screaming in my ears for over 25 years while I do this. In no way was I ever told by my employer about the possibility of hearing damage from the noise exposure to these children. I provide multiple injections, so I do not stop after one needle, if the babies or children cry I just lean in closer and provide 1 or 2 more injections as they scream in my ears.
Some people may think I should have known better, but as a nurse we are always taught about body fluid precautions, needle stick injuries, etc but never noise injuries to our hearing. I think I have a lawsuit as I was never informed about the possible acoustic damage that could result from my job nor was ever offered hearing protection. Anyone have any thoughts on this?

 

In the US OSHA is responsible for workplace safety and in a great many areas the rules are so restrictive they are almost joke.

With that in mind it amazes me that as restrictive as they are in areas that are meaningless when it comes to hearing protection they are nowhere near where they need to be.

The allowance of level of noise and duration of exposure is way too liberal and needs to be tightened.
I spent my life in what we used to call computer rooms and now call data centers and I have bilateral high frequency hearing loss and a bad case of tinnitus.

It was never even suggested that this noise could be damaging but I can tell you, it is and many of my co-workers agree.