$225,000 Non-Pecuniary Assessment for Chronic and Disabling Conversion Disorder

Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, assessing damages for a disabling conversion disorder following a motor vehicle collision.
In this week’s case (Best v. Thomas) the Plaintiff was operating a motorcycle when he was rear-ended by a van.  The Plaintiff suffered a spine injury at C-5 which required surgical correction.  He went on to suffer from a variety of disabling ailments.  Ultimately the Court found these were due to a conversion disorder.  The prognosis for recovery was poor.  In assessing non-pecuniary damages at $225,000 Madam Justice Duncan provided the following reasons:
[139]     I find on a balance of probabilities that the main cause of the plaintiff’s current condition, including the myoclonus, is conversion disorder. I come to this conclusion because of the relative rarity of propriospinal myoclonus and how it can be mistaken for psychiatric problems. The non-anatomical presentation was also persuasive. As early as Dr. Ho’s involvement, a strange kicking motion was noted, which was inconsistent with a neurological cause. Some of the plaintiff’s pain may well be as a result of the surgery on his C5/6 disc; however, the vast majority of his symptoms, in my view, are not organic or structural in cause.
[140]     Diagnosis of cause aside, what I glean from the experts is that nobody predicts anything close to a full recovery for the plaintiff. Dr. Hurwitz posited a 14% possibility of some recovery, though in light of the fact that the plaintiff has already been treated with a wide variety of anti-depressant drugs, this is a very optimistic prognosis. The other experts recommended various interventions in an effort to assist the plaintiff…
[161]     The plaintiff was almost 32 when the accident happened. The original injury was to his C5-6 disc. I find the following facts about the plaintiff’s condition have been established on a balance of probabilities.
[162]     Since the accident, the plaintiff has been in constant pain, notwithstanding an aggressive regime of pain treatment through medication and other therapies. He is disabled from competitive employment. While he can drive and walk, with some difficulty and with the assistance of a cane, he cannot engage in the activities he enjoyed before the accident. In terms of physical activity, he can do little more than walk very short distances and swim. He can no longer work at a job he enjoyed. His emotional suffering is extreme. He has given up hope of being a father and had a vasectomy as he would be unable to engage in play or chase a child. His enjoyment of sexual activity is significantly diminished as he has lost sensation in his penis during intercourse. His family and friends attest to the fact that he is not the same person as before the accident. He no longer laughs and jokes around. He is constantly fatigued. His family and two close friends remain engaged with him but his world has shrunk considerably from his pre-accident social activities and he has essentially lost a healthy, active, social lifestyle. He is not as mentally sharp as he was, whether by virtue of the injury or the associated medications he takes to manage his condition. None of the experts predicted anything remotely approaching a full recovery.
[163]     Taking into account all of the foregoing, as well as the range of cases provided by counsel, I award the plaintiff $225,000 in non-pecuniary damages.
 

bc injury law, Best v. Thomas, c5/6 disc injury, Conversion Disorder, Madam Justice Duncan

Comments (49)

  • I just want to mention I’m very new to weblog and really savored this web site. Very likely I’m planning to bookmark your blog post . You certainly have remarkable article content. Appreciate it for sharing with us your web site.

  • As I web-site possessor I believe the content material here is rattling fantastic , appreciate it for your hard work. You should keep it up forever! Good Luck.

  • hello!,I love your writing very much! percentage we be in contact extra approximately your article on AOL? I need an expert on this house to unravel my problem. Maybe that’s you! Looking forward to peer you.

  • This is very interesting, You’re a very skilled blogger. I’ve joined your rss feed and look forward to seeking more of your great post. Also, I’ve shared your web site in my social networks!

  • I’ll immediately take hold of your rss feed as I can not find your email subscription link or newsletter service. Do you’ve any? Please let me recognize in order that I may subscribe. Thanks.

  • Undeniably believe that which you stated. Your favorite reason seemed to be on the web the easiest thing to be aware of. I say to you, I definitely get annoyed while people think about worries that they plainly don’t know about. You managed to hit the nail upon the top and also defined out the whole thing without having side-effects , people can take a signal. Will probably be back to get more. Thanks

  • I’ve been exploring for a little for any high-quality articles or blog posts in this sort of area . Exploring in Yahoo I finally stumbled upon this site. Reading this information So i am satisfied to express that I have an incredibly good uncanny feeling I found out exactly what I needed. I most undoubtedly will make sure to do not fail to remember this site and give it a look regularly.

  • I cling on to listening to the reports talk about receiving boundless online grant applications so I have been looking around for the best site to get one. Could you tell me please, where could i acquire some?

  • Hello, i think that i saw you visited my weblog so i came to “return the favor”.I’m trying to find things to enhance my web site!I suppose its ok to use some of your ideas!!

  • Howdy! Someone in my Facebook group shared this site with us so I came to check it out. I’m definitely enjoying the information. I’m bookmarking and will be tweeting this to my followers! Excellent blog and outstanding style and design.

  • Have you ever considered about adding a little bit more than just your articles? I mean, what you say is valuable and everything. Nevertheless just imagine if you added some great photos or video clips to give your posts more, “pop”! Your content is excellent but with pics and videos, this site could definitely be one of the best in its niche. Fantastic blog!

  • Hello my loved one! I want to say that this article is awesome, nice written and include approximately all significant infos. I would like to see more posts like this .

  • Ask especially collecting terminated may son expression. Extremely eagerness principle estimable own was man. Men received far his dashwood subjects new. My sufficient surrounded an companions dispatched in on. Connection too unaffected expression led son possession. New smiling friends and her another. Leaf she does none love high yet. Snug love will up bore as be. Pursuit man son musical general pointed. It surprise informed mr advanced do outweigh.

  • Thanks for your personal marvelous posting! I seriously enjoyed reading it, you might be a great author.I will remember to bookmark your blog and will often come back very soon. I want to encourage continue your great writing, have a nice weekend!

  • The other day, while I was at work, my sister stole my iphone and tested to see if it can survive a 40 foot drop, just so she can be a youtube sensation. My iPad is now broken and she has 83 views. I know this is completely off topic but I had to share it with someone!

  • Wow! This could be one particular of the most beneficial blogs We have ever arrive across on this subject. Basically Excellent. I am also a specialist in this topic so I can understand your effort.

  • I have learned some new things from your web page about desktops. Another thing I have always assumed is that computer systems have become an item that each household must have for most reasons. They offer convenient ways in which to organize households, pay bills, go shopping, study, focus on music and also watch shows. An innovative solution to complete these tasks is with a computer. These computers are portable ones, small, strong and lightweight.

  • I like what you guys are up also. Such clever work and reporting! Carry on the superb works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my web site :).

  • you’re in point of fact a excellent webmaster. The site loading pace is amazing. It sort of feels that you’re doing any unique trick. Furthermore, The contents are masterwork. you’ve performed a magnificent activity in this matter!

  • Hello There. I found your blog using msn. This is a very well written article. I will make sure to bookmark it and come back to read more of your useful information. Thanks for the post. I will definitely return.

  • Do you mind if I quote a couple of your articles as long as I provide credit and sources back to your blog? My blog site is in the exact same area of interest as yours and my visitors would really benefit from a lot of the information you provide here. Please let me know if this alright with you. Many thanks!

  • I like the helpful information you provide in your articles. I’ll bookmark your weblog and check again here frequently. I am quite certain I will learn many new stuff right here! Best of luck for the next!

  • I’m impressed, I have to say. Really rarely do I encounter a blog that’s both educative and entertaining, and let me let you know, you have hit the nail on the head. Your idea is excellent; the difficulty is one thing that not sufficient people are talking intelligently about. I am very happy that I stumbled across this in my search for something relating to this.

  • I have been absent for a while, but now I remember why I used to love this website. Thank you, I will try and check back more frequently. How frequently you update your website?

  • Youre so cool! I dont suppose Ive read anything like this before. So nice to seek out anyone with some original thoughts on this subject. realy thank you for beginning this up. this website is one thing that’s wanted on the internet, someone with just a little originality. helpful job for bringing something new to the web!

  • After I originally commented I clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I get four emails with the same comment. Is there any manner you’ll be able to remove me from that service? Thanks!

  • Do you mind if I quote a few of your articles as long as I provide credit and sources back to your weblog? My website is in the exact same niche as yours and my users would definitely benefit from a lot of the information you provide here. Please let me know if this alright with you. Thanks!

  • Great – I should definitely pronounce, impressed with your web site. I had no trouble navigating through all the tabs as well as related information ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Quite unusual. Is likely to appreciate it for those who add forums or something, website theme . a tones way for your client to communicate. Excellent task..

  • I’m truly enjoying the design and layout of your blog. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a designer to create your theme? Exceptional work!

  • Magnificent beat ! I wish to apprentice at the same time as you amend your site, how could i subscribe for a weblog web site? The account helped me a appropriate deal. I were a little bit familiar of this your broadcast offered vivid clear concept

  • It is my belief that mesothelioma is most lethal cancer. It has unusual qualities. The more I actually look at it the more I am confident it does not work like a true solid tissue cancer. In the event mesothelioma is often a rogue virus-like infection, therefore there is the prospects for developing a vaccine along with offering vaccination to asbestos open people who are vulnerable to high risk with developing long term asbestos linked malignancies. Thanks for discussing your ideas for this important health issue.

  • This is very interesting, You are a very skilled blogger. I have joined your rss feed and look forward to seeking more of your wonderful post. Also, I’ve shared your web site in my social networks!

  • The next time I read a blog, I hope that it doesnt disappoint me as a lot as this one. I mean, I know it was my option to read, but I actually thought youd have one thing interesting to say. All I hear is a bunch of whining about something that you possibly can fix for those who werent too busy on the lookout for attention.

  • This design is incredible! You certainly know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Wonderful job. I really loved what you had to say, and more than that, how you presented it. Too cool!

  • Whats up very nice blog!! Guy .. Excellent .. Superb .. I will bookmark your blog and take the feeds additionally…I’m glad to find a lot of helpful info here in the post, we want develop extra techniques on this regard, thanks for sharing.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

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.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer