$60,000 Non-Pecuniary Damages for Accident Related Fibromyalgia
(Please note the case discussed here was overturned by the BC Court of Appeal in May, 2010)
Reasons for Judgement were released today by the BC Supreme Court, Vancouver Registry, (Poirier v. Aubrey) awarding a Plaintiff just over $220,000 in total damages as a result of a BC Car Crash.
The Collision occurred in 2006 and was a rear-end crash. The Plaintiff suffered from some pre-existing injuries but the trial judge found that the Plaintiff did not have a ‘relevant’ pre-existing condition. Mr. Justice Stewart concluded that the accident caused fibromyalgia and awarded $60,000 non-pecuniary damages. In arriving at this figure Mr. Justice Stewart noted the following:
there was no relevant significant pre-existing condition and the doctors may differ as to what label should be applied to the plaintiff’s condition – fibromyalgia, fibromyalgia-like syndrome, chronic pain condition – but the fact is that she suffers from chronic widespread pain that is, for her, debilitating and with respect to which the prognosis is guarded. An “optimal fibromyalgia based treatment protocol”, including biofeedback, is recommended and there is a real and substantial possibility, bordering on likelihood, that her pain and discomfort will be relieved and her functioning improved. (Exhibit 5 Tab B Page 6). But no “cure” is in prospect…
I find as a fact that the plaintiff’s persistent, consistent and, ultimately, chronic pain and suffering arose only immediately after the September 5, 2006 motor vehicle accident. The schism in the expert medical evidence placed before me was not as to whether the September 5, 2006 trauma was a materially contributing cause of the plaintiff’s ongoing chronic pain condition but as to whether it so contributed by exacerbating a pre-existing chronic pain condition or by simply triggering a chronic pain condition. It is now a fact that there was no significant pre-existing condition. The only available conclusion in the case at bar is that but for the defendant’s negligence on September 5, 2006 the plaintiff would not be burdened with the chronic pain condition that has been her lot since September 5, 2006.
 Soft tissue damage is the source of her problems. I have kept Maslen v. Rubenstein (1993), 83 B.C.L.R. (2d) 131 (C.A.) in mind. I find that the plaintiff is one of that small percentage of people, well known to the law, whose pain and suffering continues long after science would say that the injured tissue must have healed. I have cautioned myself about the need to be slow to rely on what are uncorroborated reports of long-standing pain and discomfort. But, on the whole of the evidence I have decided that her complaints of pain are true reflections of a continuing injury and are not a product of desire by the plaintiff for things such as care, sympathy, relaxation or compensation and that she has used every ounce of willpower she has to overcome her problems and could not reasonably be expected to have achieved more by her own inherent resources or willpower. (Maslen v. Rubenstein,supra, paragraphs 8 and 15).
 I turn to the future.
 To use language employed by Dr. Jaworski, the prognosis is “guarded”. Taken together, the evidence of Dr. Hyams, Dr. Shuckett and Dr. Jaworski bottoms the conclusion that what is now in place – an ongoing, positive, pro-active approach, to echo Dr. Shuckett – means that there is a real and substantial possibility that significant improvement is in the offing. To date, the plaintiff has sought help in such things as prescription drugs, chiropractic treatments, physiotherapy, massage, acupuncture and trigger point injections. Only now is the plaintiff in the course of an organized effort to both alleviate her pain and discomfort to the extent possible and teach her techniques and methods of dealing with and surmounting her pain and discomfort.
 I turn to the assessing of non-pecuniary damages. The plaintiff has been burdened thus far for 39 months. Her prospects are not bleak, but guarded. The level of the pain and discomfort she has endured was such that her life apart from work has been turned from one full of activity to one devoted to rest and recovery. She is not housebound. She drives a car for up to 20 hours a week and makes herself useful in the lives of her children. The level of her pain and discomfort resulted in this woman – whom I am convinced is not a slacker and enjoyed her job in the world of insurance adjusting – being off work for six weeks, returning to work at half-time for two months and, ultimately, stopping work after having her employer cooperate in every way possible to reduce the demands of the job so that she could continue working. That speaks volumes about her condition. Additionally, the fact she actually enjoyed her work and has had it curtailed as a result of the defendant’s negligence must weigh heavily in the assessment of non-pecuniary damages. I have considered the cases placed before me by counsel. To track some of the language used in Knauf v. Chao, 2009 BCCA 605, I classify this as a case in which there is a real and substantial possibility that the plaintiff’s soft tissue injury will prove to be “permanent” but the degree of pain and discomfort cannot be considered to be “the most severe in nature” when compared with that of plaintiffs in other such cases. Taking into account not just what I have said here but the whole of the evidence and all I have said thus far in these reasons for judgment, I award the plaintiff $60,000 by way of non-pecuniary damages.
This case was interesting for Mr. Justice Stewart’s very specific reasons setting out why he rejected many of the defence positions advanced at trial and also for the Court’s discussion of the law of adverse inference for failing to call a treating physician in an injury claim.
adverse inference, bc injury claims, chronic pain, chronic soft tissue injuries, Fibromyalgia, Mr. Justice Stewart, Poirier v. Aubrey
go to my blog
I simply want to tell you that I am just new to blogging and site-building and definitely loved your website. Almost certainly I’m planning to bookmark your blog post . You actually come with fabulous stories. Thank you for sharing your website.
Hello there, just become alert to your blog thru Google, and located that it’s truly informative. I’m going to be careful for brussels. I will be grateful in the event you continue this in future. Many other folks shall be benefited from your writing. Cheers!
It’s in reality a nice and useful piece of info. I’m happy that you just shared this useful information with us. Please keep us informed like this. Thank you for sharing.
Excellent read, I just passed this onto a friend who was doing some research on that. And he just bought me lunch as I found it for him smile So let me rephrase that: Thanks for lunch!
fotograf slubny Oswiecim
I have recently started a blog, the info you offer on this website has helped me greatly. Thank you for all of your time & work. “Character is much easier kept than recovered.” by Thomas Paine.
I’ve been absent for some time, but now I remember why I used to love this website. Thank you, I’ll try and check back more frequently. How frequently you update your website?
I have been exploring for a little for any high quality articles or weblog posts in this sort of area . Exploring in Yahoo I at last stumbled upon this site. Studying this information So i am glad to convey that I have a very excellent uncanny feeling I found out exactly what I needed. I so much surely will make certain to do not forget this website and give it a look regularly.
I really enjoy studying on this website , it holds good posts . “Those who complain most are most to be complained of.” by Matthew Henry.
marcel van hooijdonk
I am typically to running a blog and i actually respect your content. The article has really peaks my interest. I’m going to bookmark your site and preserve checking for brand new information.
There are actually numerous particulars like that to take into consideration. That is a great point to carry up. I supply the thoughts above as general inspiration but clearly there are questions just like the one you carry up where crucial thing will probably be working in sincere good faith. I don?t know if best practices have emerged around issues like that, but I am certain that your job is clearly identified as a fair game. Both boys and girls feel the impression of just a momentís pleasure, for the remainder of their lives.
situs poker online
Hmm it seems like your website ate my first comment (it was super long) so I guess I’ll just sum it up what I had written and say, I’m thoroughly enjoying your blog. I too am an aspiring blog writer but I’m still new to everything. Do you have any tips and hints for newbie blog writers? I’d certainly appreciate it.
situs poker online
Have you ever considered writing an ebook or guest authoring on other blogs? I have a blog based on the same subjects you discuss and would really like to have you share some stories/information. I know my visitors would enjoy your work. If you are even remotely interested, feel free to shoot me an e-mail.
location de porsche
I dugg some of you post as I cogitated they were very beneficial extremely helpful
naturally like your web site but you have to check the spelling on quite a few of your posts. Many of them are rife with spelling issues and I find it very troublesome to tell the truth nevertheless I will surely come back again.
Spot on with this write-up, I actually assume this website wants rather more consideration. I’ll most likely be once more to read way more, thanks for that info.
whoah this blog is excellent i love reading your articles. Keep up the good work! You know, lots of people are searching around for this information, you can aid them greatly.
You really make it appear really easy together with your presentation but I find this matter to be actually one thing which I think I’d by no means understand. It sort of feels too complicated and very large for me. I’m having a look ahead on your subsequent publish, I will try to get the hang of it!
I like the helpful information you provide in your articles. I’ll bookmark your weblog and check again here regularly. I am quite certain I will learn many new stuff right here! Good luck for the next!
situs poker online
Useful information. Lucky me I found your web site by accident, and I’m surprised why this coincidence did not came about earlier! I bookmarked it.
situs poker online
I have been reading out some of your posts and it’s pretty good stuff. I will surely bookmark your website.
I think other website proprietors should take this site as an model, very clean and excellent user genial style and design, let alone the content. You’re an expert in this topic!
We’re a group of volunteers and starting a new scheme in our community. Your web site provided us with valuable info to work on. You have done a formidable job and our whole community will be grateful to you.
затворы sung do
hi!,I love your writing very much! share we be in contact extra approximately your post on AOL? I require an expert on this space to solve my problem. May be that is you! Looking ahead to look you.
Wow! This could be one particular of the most useful blogs We’ve ever arrive across on this subject. Actually Fantastic. I am also a specialist in this topic so I can understand your hard work.
Thank you for the sensible critique. Me and my neighbor were just preparing to do a little research on this. We got a grab a book from our area library but I think I learned more from this post. I am very glad to see such magnificent information being shared freely out there.
Wonderful work! This is the type of info that should be shared around the internet. Shame on the search engines for not positioning this post higher! Come on over and visit my website . Thanks =)
I was suggested this web site by my cousin. I am not sure whether this post is written by him as nobody else know such detailed about my difficulty. You’re wonderful! Thanks!
Thank you for every other fantastic article. The place else could anybody get that kind of info in such a perfect approach of writing? I’ve a presentation subsequent week, and I am at the search for such info.
I do agree with all the ideas you’ve introduced on your post. They are really convincing and will certainly work. Still, the posts are very quick for newbies. Could you please extend them a bit from next time? Thank you for the post.
Thanks – Enjoyed this article, can you make it so I get an alert email when you write a new article?
I was very pleased to find this web-site.I needed to thanks for your time for this glorious learn!! I definitely enjoying each little bit of it and I have you bookmarked to check out new stuff you blog post.
Enjoyed examining this, very good stuff, regards . “All things are difficult before they are easy.” by John Norley.
With havin so much content and articles do you ever run into any problems of plagorism or copyright infringement? My blog has a lot of completely unique content I’ve either created myself or outsourced but it appears a lot of it is popping it up all over the web without my agreement. Do you know any methods to help reduce content from being stolen? I’d really appreciate it.
Thank you, I have recently been searching for information approximately this topic for a long time and yours is the best I’ve found out so far. But, what concerning the bottom line? Are you positive in regards to the supply?
watch game of thrones season 7
Hello! Do you use Twitter? I’d like to follow you if that would be okay. I’m absolutely enjoying your blog and look forward to new updates.
Today, with the fast lifestyle that everyone is having, credit cards have a big demand throughout the market. Persons from every discipline are using credit card and people who are not using the card have prepared to apply for one in particular. Thanks for sharing your ideas about credit cards.
I’ve been browsing online greater than 3 hours these days, yet I never discovered any interesting article like yours. It is pretty value sufficient for me. In my view, if all website owners and bloggers made just right content as you probably did, the internet can be much more helpful than ever before.
I used to be suggested this website by way of my cousin. I’m no longer sure whether or not this post is written by means of him as nobody else recognize such unique approximately my trouble. You’re incredible! Thanks!
Praca W Opiece Niemcy
It is really a nice and useful piece of info. I am happy that you shared this useful info with us. Please keep us up to date like this. Thank you for sharing.
I must voice my appreciation for your kindness for visitors who really need help with this particular content. Your personal commitment to getting the solution all through had been extremely effective and have regularly encouraged men and women just like me to attain their objectives. Your new valuable useful information means a whole lot a person like me and even more to my peers. Thank you; from all of us.
Wow, fantastic blog structure! How lengthy have you ever been running a blog for? you made blogging look easy. The total look of your website is great, as smartly as the content material!
Hi, Neat post. There is a problem with your website in internet explorer, would check this… IE still is the market leader and a good portion of people will miss your excellent writing because of this problem.
I intended to post you a tiny remark just to give thanks over again for all the unique opinions you have provided in this case. It is pretty generous with you to grant publicly precisely what most of us could have made available for an electronic book in making some dough on their own, chiefly given that you might well have done it in the event you considered necessary. The ideas additionally acted to become a fantastic way to fully grasp most people have the same fervor similar to my own to see more in terms of this issue. I am certain there are thousands of more fun instances in the future for individuals that look into your blog.
I just couldn’t go away your website prior to suggesting that I extremely loved the usual information a person provide in your visitors? Is going to be again continuously in order to investigate cross-check new posts
I’m just commenting to let you know of the awesome experience our child experienced reading your site. She learned several pieces, not to mention how it is like to possess an incredible giving mood to let folks really easily know selected very confusing things. You really did more than visitors’ desires. I appreciate you for giving those essential, trustworthy, educational and cool tips on that topic to Sandra.
hard dj taydeville ft crime mob free
Thanks a bunch for sharing this with all of us you really recognize what you’re talking about! Bookmarked. Kindly additionally consult with my web site =). We can have a hyperlink alternate arrangement among us!
sewa mobil di lampung
I’m not sure where you’re getting your information, but good topic. I needs to spend some time learning much more or understanding more. Thanks for magnificent information I was looking for this information for my mission.
situs judi online
Great – I should certainly pronounce, impressed with your site. I had no trouble navigating through all the tabs and related info ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, web site theme . a tones way for your client to communicate. Excellent task..
It is the best time to make some plans for the future and it is time to be happy. I have learn this submit and if I may I desire to recommend you few interesting issues or tips. Maybe you could write subsequent articles regarding this article. I desire to learn even more things about it!
Its like you read my mind! You appear to know a lot about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a bit, but instead of that, this is magnificent blog. A great read. I’ll certainly be back.
magnificent post, very informative. I wonder why the other specialists of this sector don’t notice this. You should continue your writing. I’m sure, you’ve a great readers’ base already!
You really make it seem so easy with your presentation but I find this topic to be actually something that I think I would never understand. It seems too complex and very broad for me. I am looking forward for your next post, I will try to get the hang of it!
bandar bola online
I am really impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you customize it yourself? Either way keep up the nice quality writing, it’s rare to see a great blog like this one nowadays..
Wonderful goods from you, man. I have consider your stuff prior to and you’re just extremely wonderful. I really like what you’ve got right here, really like what you’re saying and the best way through which you assert it. You are making it enjoyable and you still care for to keep it sensible. I can’t wait to read far more from you. That is really a wonderful site.
You can certainly see your expertise in the work you write. The sector hopes for even more passionate writers such as you who aren’t afraid to say how they believe. Always go after your heart.
Pozycjonowanie Cennika Gorzow Wielkopolski
Utterly written content material , thankyou for information .
Wow! Thank you! I constantly needed to write on my website something like that. Can I include a part of your post to my site?
excellent post, very informative. I’m wondering why the other specialists of this sector do not understand this. You must continue your writing. I’m sure, you have a great readers’ base already!
Hi, Neat post. There is a problem along with your web site in internet explorer, might check this… IE nonetheless is the marketplace chief and a big component to other people will omit your great writing due to this problem.
pembesar penis alami
I like the helpful info you provide for your articles. I’ll bookmark your blog and check once more here frequently. I am slightly sure I will learn a lot of new stuff right right here! Best of luck for the next!
Comments are closed.