BC Injury Law and ICBC Claims Blog

$75,000 Non-Pecuniary Assessment For Thoracic Outlet Syndrome with Poor Prognosis

Adding to this site’s archives of BC Supreme Court damage assessments for Thoracic Outlet Syndrome, reasons for judgement were released last month addressing such an injury.

In last month’s case (Jawanda v. Samra) the Plaintiff was injured in a 2006 collision.  She was 29 years old at the time and 35 by the of her trial.  She suffered from Thoracic Outlet Syndrome as a result of the collision with accompanying chronic pain.  The Plaintiff, although able to hold down employment despite her injury, remained symptomatic and the injuries were expected to be permanent.  The Court accepted the following medical evidence addressing prognosis:

 With respect to her thoracic outlet syndrome, it is now a permanent injury to the scalene muscles in an already compromised thoracic outlet due to her congenital cervical ribs. It is my opinion that Ms. Jawanda’s symptoms are unlikely to change or improve but it is my opinion that the symptoms of numbness and tingling and paresthesias would get worse if she was forced to overdo it or continue to do heavy activities which exacerbated her symptoms. This would lead to more chronic muscle and nerve injury and more prolonged pain.

In assessing non-pecuniary danages at $75,000 Mr. Justice MacKenzie provided the following reasons:

[143]     Balancing all of the evidence I have accepted, I find Ms. Jawanda suffers from mild to moderate chronic pain and thoracic outlet syndrome. Coupled with the authorities referred to by counsel, I am satisfied a fair and appropriate award for non-pecuniary damages is $75,000.

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