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Four years after tearing cartilage in his knee while leaping from an armoured vehicle, Cpl. William Gardner underwent the last in a string of orthopedic procedures to fix the problem. As the surgeon cut away a wedge of bone and installed a metal plate, however, he accidentally severed key blood vessels, cutting off circulation and eventually requiring the leg to be amputated above the knee.

It was a horrific outcome, but did Cpl. Gardner lose his leg as a result of military duty?

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tap here to see other videos from our team. Try refreshing your browser, or Soldier entitled to $125,000 dismemberment benefit after botched knee surgery leads to amputation, judge rules Back to video

The Canadian Forces’ insurer said no, but a judge has overturned that decision, ordering that Cpl. Gardner receive a $125,000 dismemberment benefit — the same paid to soldiers whose legs were blown off by Taliban IED blasts.

The ill-fated surgery and subsequent amputation “arose out of his military service,” concluded Justice Timothy Ray of the Ontario Superior Court in a ruling this month.

There’s some moral obligation

It may not have been a classic military injury, but there should be no question that the 32-year-old deserves compensation, said Wayne Johnston, founder of the group Wounded Warriors Canada.