$50,000 Non-Pecuniary Damages for "Sustained and Prolonged" Exacerbation of Fibromyalgia

Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing an assessment of damages for an aggravation of pre-existing injuries.
In today’s case (Iwanik v. Hayes) the Plaintiff was involved in a 2008 intersection collision.  She was 61 years old at the time.   Fault for the crash was admitted by the opposing motorist.  The trial focused on the quantum of damages (value of the claim).
Prior to the collision the Plaintiff had various health concerns including fibromyalgia. The collision caused, among other injuries, a “sustained and prolonged” exacerbation of her pre-existing condition.  In valuing the non-pecuniary damages (money for pain and suffering and loss of enjoyment of life) at $50,000 Madam Justice Gray provided the following reasons:





[132] As a result of the accident, Ms. Iwanik suffered soft tissue injuries to her neck, thorax and lumbar spine, causing a prolonged and sustained exacerbation of her fibromyalgia, and causing intermittent headaches. If the accident had not occurred, her fibromyalgia would have flared up periodically, but not enough to have restricted her from her from work or her other activities.

[133] As a result of the accident, Ms. Iwanik also suffered an injury to her left knee, which caused patellofemoral pain syndrome. It may have caused other problems in her knee, but the evidence at trial did not establish anything further. Although there is no record of Ms. Iwanik reporting the knee pain to treatment providers until August, 2008, I accept her evidence that she was initially more focussed on her other pain, and thought that the knee pain would resolve.

[134] I accept Dr. Bridger’s opinion that Ms. Iwanik also suffered a probable minor compression fracture of her T12 vertebra, and that she suffered a minor head injury with a probable minor concussion which has resolved. However, both of those injuries resolved so quickly that they do not affect the assessment of damages in this case.

[135] As a result of the injuries she suffered in the accident, Ms. Iwanik is no longer able to work at a physically demanding job, and is not capable of working in a 7-Eleven store. Fortunately, Ms. Iwanik found work at a Husky gas station which can accommodate her abilities. However, the job is not as well-paid as her work as a manager at 7-Eleven, and does not offer opportunities for advancement.

[136] As a result of the injuries she suffered in the accident, Ms. Iwanik is no longer able to engage in hour-long walks, or to carry heavy items such as laundry and groceries, or to garden for more than 20 minutes at a time in an elevated garden bed. She is no longer able to contribute to her family and community to the extent she previously did….






[142] In all the circumstances, an appropriate award is $50,000.

aggravation of fibromyalgia, bc injury law, Dr. O'Farrell, Iwanik v. Hayes, Madam Justice Gray, pre-existing injuries

Comments (59)

  • I just want to mention I’m new to blogging and seriously loved this web page. Almost certainly I’m going to bookmark your website . You absolutely come with very good articles and reviews. Thanks a bunch for sharing with us your blog.

  • Thank you for all of your effort on this website. Ellie take interest in conducting investigations and it’s simple to grasp why. All of us hear all about the lively medium you create advantageous things via the website and even encourage response from the others about this content then our own princess has been learning a great deal. Take advantage of the remaining portion of the new year. You are doing a terrific job.

  • A lot of thanks for each of your work on this site. Debby really likes going through investigations and it is simple to grasp why. A number of us notice all of the compelling way you give important information through this website and increase participation from website visitors on the situation and my child is truly understanding a lot of things. Take advantage of the remaining portion of the year. You are always carrying out a stunning job.

  • I’m really enjoying the theme/design of your web site. Do you ever run into any browser compatibility issues? A small number of my blog readers have complained about my site not operating correctly in Explorer but looks great in Opera. Do you have any suggestions to help fix this issue?

  • I’ve been surfing on-line more than three hours lately, but I by no means found any fascinating article like yours. It is lovely value enough for me. Personally, if all website owners and bloggers made just right content as you probably did, the net might be much more useful than ever before.

  • Generally I don’t read article on blogs, but I would like to say that this write-up very forced me to try and do so! Your writing style has been amazed me. Thanks, very nice post.

  • I and my pals were found to be taking note of the good tips and hints from the website and then the sudden I got a terrible suspicion I never expressed respect to the website owner for them. All the boys came consequently excited to study them and have now quite simply been taking advantage of those things. Thanks for really being quite thoughtful as well as for getting varieties of cool information millions of individuals are really wanting to know about. Our own sincere regret for not expressing appreciation to sooner.

  • I as well as my buddies appeared to be analyzing the great advice from your web page and then quickly came up with a terrible feeling I never expressed respect to you for those tips. These boys were definitely for that reason warmed to study all of them and now have absolutely been tapping into them. I appreciate you for truly being well considerate and for figuring out varieties of ideal issues millions of individuals are really needing to know about. My very own honest regret for not saying thanks to you earlier.

  • Good post. I be taught one thing tougher on completely different blogs everyday. It will always be stimulating to learn content from different writers and observe somewhat something from their store. Iíd prefer to use some with the content on my blog whether you donít mind. Natually Iíll provide you with a hyperlink on your internet blog. Thanks for sharing.

  • I am commenting to let you be aware of of the beneficial experience my friend’s girl went through checking the blog. She came to understand lots of issues, not to mention what it’s like to possess an excellent giving heart to have the others very easily understand various extremely tough topics. You actually surpassed our desires. Many thanks for delivering the insightful, dependable, informative and as well as unique thoughts on your topic to Mary.

  • I’ll right away grab your rss feed as I can’t to find your email subscription link or e-newsletter service. Do you have any? Kindly permit me recognise so that I could subscribe. Thanks.

  • I know this if off topic but I’m looking into starting my own weblog and was curious what all is needed to get set up? I’m assuming having a blog like yours would cost a pretty penny? I’m not very web smart so I’m not 100 positive. Any suggestions or advice would be greatly appreciated. Cheers

  • magnificent post, very informative. I wonder why the other experts of this sector do not notice this. You should continue your writing. I am sure, you have a great readers’ base already!

  • Months on ye at by esteem desire warmth former. Sure that that way gave any fond now. His boy middleton sir nor engrossed affection excellent. Dissimilar compliment cultivated preference eat sufficient may. Well next door soon we mr he four. Assistance impression set insipidity now connection off you solicitude. Under as seems we me stuff those style at. Listening shameless by abilities pronounce oh suspected is affection. Next it draw in draw much bred.

  • I am curious to find out what blog platform you are utilizing? I’m having some small security problems with my latest blog and I’d like to find something more safe. Do you have any recommendations?

  • Heya i’m for the first time here. I found this board and I find It really useful & it helped me out much. I hope to give something back and help others like you helped me.

  • I have not checked in here for some time as I thought it was getting boring, but the last several posts are great quality so I guess I will add you back to my everyday bloglist. You deserve it my friend 🙂

  • A different issue is that video gaming has become one of the all-time most important forms of excitement for people of nearly every age. Kids engage in video games, plus adults do, too. The actual XBox 360 is one of the favorite games systems for people who love to have hundreds of video games available to them, and also who like to relax and play live with some others all over the world. Thank you for sharing your ideas.

  • Excellent post. I was checking constantly this blog and I am impressed! Extremely useful information specifically the last part 🙂 I care for such information much. I was looking for this certain info for a long time. Thank you and best of luck.

  • Good day! This is kind of off topic but I need some guidance from an established blog. Is it difficult to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about making my own but I’m not sure where to begin. Do you have any tips or suggestions? Thank you

  • An additional issue is that video games are normally serious anyway with the major focus on understanding rather than leisure. Although, we have an entertainment part to keep your children engaged, just about every game is often designed to work with a specific experience or course, such as mathematics or scientific research. Thanks for your post.

  • Very few websites that happen to be detailed beneath, from our point of view are undoubtedly properly really worth checking out.

  • Whats up very cool website!! Man .. Beautiful .. Wonderful .. I will bookmark your website and take the feeds additionally¡KI am glad to find numerous helpful info here in the put up, we’d like develop extra techniques on this regard, thank you for sharing. . . . . .

  • Thank you for the auspicious writeup. It in fact was a amusement account it. Look advanced to more added agreeable from you! However, how could we communicate?

  • Enjoyed reading through this, very good stuff, thanks . “Hereafter, in a better world than this, I shall desire more love and knowledge of you.” by William Shakespeare.

  • Wow! This can be one particular of the most useful blogs We’ve ever arrive across on this subject. Basically Wonderful. I am also a specialist in this topic so I can understand your hard work.

  • Attractive section of content. I just stumbled upon your web site and in accession capital to assert that I acquire in fact enjoyed account your blog posts. Any way I’ll be subscribing to your feeds and even I achievement you access consistently fast.

  • Just wish to say your article is as surprising. The clearness in your publish is simply spectacular and that i could suppose you’re a professional on this subject. Well along with your permission allow me to grasp your feed to stay updated with coming near near post. Thank you 1,000,000 and please keep up the rewarding work.

  • I like what you guys are up too. Such intelligent 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 :).

  • I do agree with all of the ideas you’ve presented in your post. They’re very convincing and will certainly work. Still, the posts are very short for starters. Could you please extend them a little from next time? Thanks for the post.

  • This site is known as a stroll-by for the entire information you wanted about this and didn’t know who to ask. Glimpse here, and also you’ll undoubtedly uncover it.

  • We are a group of volunteers and opening a new scheme in our community. Your website provided us with helpful information to work on. You’ve done an impressive job and our entire neighborhood shall be thankful to you.

  • Good post. I learn something more challenging on completely different blogs everyday. It is going to always be stimulating to read content from other writers and apply just a little one thing from their store. I’d choose to use some with the content on my weblog whether you don’t mind. Natually I’ll provide you with a link on your net blog. Thanks for sharing.

  • I acquired more new stuff on this losing weight issue. A single issue is that good nutrition is extremely vital any time dieting. A massive reduction in bad foods, sugary food items, fried foods, sugary foods, beef, and whitened flour products might be necessary. Keeping wastes unwanted organisms, and contaminants may prevent aims for fat-loss. While selected drugs for the short term solve the matter, the terrible side effects are not worth it, and in addition they never offer you more than a short-lived solution. This can be a known fact that 95 of diet plans fail. Many thanks sharing your notions on this web site.

  • I do accept as true with all of the concepts you have offered in your post. They are very convincing and will certainly work. Nonetheless, the posts are too brief for beginners. May you please extend them a bit from next time? Thank you for the post.

  • This is the right blog for anybody who wants to search out out about this topic. You understand so much its almost onerous to argue with you (not that I actually would want…HaHa). You definitely put a new spin on a subject thats been written about for years. Nice stuff, just great!

  • Thanks a lot for sharing this with all of us you really know what you’re talking about! Bookmarked. Kindly also visit my website =). We could have a link exchange contract between us!

  • I will right away grab your rss as I can’t find your email subscription link or newsletter service. Do you’ve any? Please let me know in order that I could subscribe. Thanks.

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