$200,000 Non-Pecuniary Assessment for Post Concussion Syndrome With Poor Prognosis

Reasons for judgement were published today by the BC Supreme Court, Campbell River Registry, assessing damages for chronic consequences from a head injury.

In today’s case (Mickelson v. Sodomsky) the 50 year old plaintiff was involved in a 2015 T-bone collision.  The Defendant admitted liability.  The crash resulted in a mild traumatic brain injury and the plaintiff developed post concussion syndrome with a poor prognosis for further recovery.  The consequences of the injury were largely disabling.  In assessing non-pecuniary damages at $200,000 Mr. Justice Thompson provided the following reasons:

[35]         I accept the evidence of Dr. Cameron and Dr. Muir that Ms. Mickelson suffered a mild traumatic brain injury in the MVA. She continues to suffer the effects of a post-concussive syndrome. I conclude that she will continue to adapt to these deficits, but the evidence does not make room for any optimism that she will achieve further recovery.

[36]         Over the period of time since the MVA, I am satisfied on the basis of all of the evidence that her cognitive issues have been multi-factorial: I accept that it is difficult to tease out how much of her cognitive difficulties are accounted for by post-concussive syndrome versus depression and anxiety versus chronic pain. That said, as time has gone on, the partial lifting of her depression and the decrease in her pain have not resulted in a significant improvement in cognitive function. This lends weight to Dr. Friesen’s interpretation of the neuropsychological test findings as being consistent with frontal lobe injury.

[37]         I am satisfied on a balance of probabilities that, but for the MVA, Ms. Mickelson would not have the cognitive deficits that partially disable her. I conclude that Ms. Mickelson falls into the 10 to 20 percent of unfortunate people that do not recover from the effects of a mild traumatic brain injury…

[41]         In fixing the amount of non-pecuniary damages in this case, the central consideration is the post-concussive syndrome. It has altered Ms. Mickelson’s previously vibrant personality and stunted her capacity to function at a high level. It has also resulted in termination of her education plans and career plans. Considering all of the Stapley circumstances, and that she has lost a modest amount of her capacity for domestic chores, I assess her non-pecuniary damages at $200,000.

bc injury law, Mickelson v. Sodomsky, mild traumatic brain injury, Mr. Justice Thompson, Post Concussion Syndrome

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ERIK
MAGRAKEN

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When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

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