$125,000 Non-Pecuniary Assessment for Chronic Cough
In what can be described as a¬†fairly¬†unique injury, reasons for judgement were published today by the BC Supreme Court, Chilliwack Registry, assessing damages for a chronic cough caused by a motor vehicle collision.
In today’s case (Reilander v. Campbell) the Plaintiff was¬†involved¬†in a 2006 rear-end collision. ¬†The Plaintiff developed a¬†chronic¬†cough following the crash. ¬†The Plaintiff alleged this was caused by a C5/6 disc¬†herniation¬†which interfered with her oesophagus resulting in the chronic cough.
The Plaintiff went on to have surgery to address her disc injury which somewhat improved her¬†chronic¬†cough. ¬†Mr. Justice Leask found that the cough was indeed related to the collision and assessed non-pecuniary damages at $125,000. ¬†In doing so the Court provided the following reasons:
 Dr.¬†Matishak‚Äôs opinion was that Ms.¬†Reilander:
‚Ä¶ suffered the onset of neck pain, persistent and unremitting cough, and left arm pain and weakness following the motor vehicle accident of July 29th, 2006. Radiological investigation revealed a central C5/6 disc herniation. Therefore, I would opine that the C5/6 disc herniation is a direct result of the motor vehicle accident of July 29th, 2006…
 Taking into account the facts that I have found based on the evidence given by the Reilander family and the expert opinions of both Dr.¬†Matishak and Dr.¬†Gittens, I am satisfied that the plaintiff has demonstrated on a balance of probabilities that the motor vehicle accident of July 29, 2006 caused a disc herniation at C5/6 on her cervical spine and that disc herniation was the principal cause of her persistent and debilitating cough…
 Considering the effect on the plaintiff‚Äôs personal life, child-rearing responsibilities, marital relationship and her ability to participate in the exercise of her religion, I am satisfied that the plaintiff‚Äôs submission is appropriate. I award the plaintiff $125,000 for non-pecuniary damages.