$75,000 Pain and Suffering Awarded for Frozen Shoulder, STI's and Headaches

In lengthy reasons for judgement released today by the BC Supreme Court (Peake v. Higo) Mr. Justicer Brown awarded a 52 year old Plaintiff approximately $170,000 in total damages as a result of a 2003 motor vehicle collision.
The Plaintiff had pre-existing pain in her neck and back and these were aggravated as a result of this collision.  Additionally, the Plaintiff suffered a frozen left and right shoulder as a result of this collision.
In justifying a non-pecuniary damages award (pain and suffering) of $75,000 the court summarized the Plaintiff’s injuries as follows:

[145]        Considering all the pertinent evidence before me, I find that the plaintiff suffered an aggravation of pre-existing neck and low back pain that she had been experiencing at the time of the accident, together with the imposition of some new soft tissue injuries in those areas.  I find that when she was experiencing neck and back pain in the month or so preceding the accident, she was in a highly emotional psychological state that was magnifying her perception of pain at that time.  To take her symptoms at this time as representative of her physical health would be inaccurate and unfair, given her medical history as a whole and the accepted evidence of witnesses who testified about her pre-accident functioning and activities.  The plaintiff herself acknowledges that 90% would be a fair representation of her pre-accident health.  The evidence of Dr. Regan, which I have accepted with some minor qualification, is clear that the 2003 accident cannot be burdened with all of Mrs. Peake’s on-going post accident neck and back symptoms and headaches.

[146]        Mrs. Peake exhibited pre-accident degenerative changes in her cervical spine.  Dr. Webb commented that Mrs. Peake’s degenerative cervical spine, exhibited by x-ray and MRI imaging, pre-disposes her to more intense symptoms and prolonged recovery.  Just the same, she had already experienced symptoms in the neck (and low back) together with headaches pre-accident, with no recent physical trauma and only a heightened emotional state to partly explain the intensity of her symptoms at that time.

[147]        Further, the effect of Mrs. Peake’s emotional state in May 2003 on her symptoms, and the fact that, as Dr. Webb comments, Mrs. Peake has suffered depressed mood, anxiety and frustration in relation to her symptoms since the accident, is a factor that I should take into account in assessing the extent to which her symptoms have been influenced by her emotional state post accident—and that this bodes positively for further future improvement as her emotional state continues to improve.

[148]        Both Dr. Regan and Dr. Sovio’s opinions negate a direct relationship between Mrs. Peake’s lower back flare-ups and the accident.  This is a mechanical condition and the plaintiff has not established that her ongoing back flare-ups, certainly past the summer of 2006, are attributable to the accident.  At the same time, Mrs. Peake testified that her low back symptoms are different and more intense then those experienced pre-accident.  I find that some small portion of Mrs. Peake’s ongoing lower back symptoms relate to the 2003 accident.

[149]        There is little question that the 2003 accident caused Mrs. Peake’s left shoulder injury and frozen shoulder.  I accept Mrs. Peake’s sworn testimony that she continues to experience mild periodic situational discomfort and some functional limitation in the use of her left shoulder.

[150]        With respect to the more problematic question of the causation of Mrs. Peake’s right frozen shoulder, with recovery from that predicted to extend to some time in 2010, albeit in a less problematic way then was the case for the left shoulder, I find that the plaintiff has proven that her right shoulder injury and eventually frozen state was caused by the accident….

[154]        Turning to Mrs. Peake’s neck symptoms and headaches, and Mr. Pankratz’ submission that “but for the subsequent traumatic events of 2006, this condition “would have” resolved completely,” Dr. Regan did not testify that the condition “would” resolve; but “should” resolve.  I note that when he wrote his second report, he was aware of ongoing neck complaints and headaches; but made no skeptical comments about their having continued her he last saw Mrs. Peake.  Mrs. Peake continues to experience neck pain and headaches that frequently cause her to awaken in the middle of the night with a “terrible headache” that can last for a few days – bearing in mind that Mrs. Peake has a history of pre-accident headaches.  Further, Mrs. Peake confirms ongoing improvement; and indeed in the summer of 2006 experienced extended pain-free periods, as stated earlier.  I bear in mind as well that she has suffered a right frozen shoulder, but  that continues to improve and should resolve completely by 2010; and with improvement in that condition she should see further relief in her neck, noting that she saw considerable improvement when her left shoulder pain and limitation more or less resolved.

[155]        The evidence does not support the gloomier aspects of Dr. Webb’s prognosis considering Dr. Regan’s expectations that Mrs. Peake’s neck pain and accompanying headaches, should eventually recover and Dr. Regan’s opinion that negates a continuing connection between her lower back symptoms and the accident.  In my assessment of non-pecuniary damages, and considering Mrs. Peake’s pre-accident condition, I see the medical and other evidence going so far as to support a finding of a possibility that Mrs. Peake will in future continue to suffer some minor residual neck sequelae and headaches that are attachable to the accident, although the most likely outcome is complete recovery from those within two years, insofar as the effects of the 2003 accident are concerned.

 

frozen shoulder, icbc injury claims, pain and suffering, peake v. higo, shoulder injury

Comments (119)

  • I just want to say I am newbie to blogs and certainly loved this web page. Likely I’m planning to bookmark your site . You actually come with fantastic article content. Thanks for revealing your webpage.

  • I simply want to mention I am just beginner to weblog and truly liked you’re web page. Very likely I’m want to bookmark your website . You definitely have incredible well written articles. Many thanks for sharing your web page.

  • Greetings from Idaho! I’m bored to tears at work so I decided to browse your website on my iphone during lunch break. I love the information you provide here and can’t wait to take a look when I get home. I’m shocked at how fast your blog loaded on my cell phone .. I’m not even using WIFI, just 3G .. Anyways, wonderful site!

  • We are a group of volunteers and opening a brand new scheme in our community. Your site provided us with useful information to paintings on. You’ve done a formidable process and our whole neighborhood will probably be grateful to you.

  • Someone necessarily lend a hand to make critically posts I might state. That is the very first time I frequented your web page and up to now? I surprised with the analysis you made to make this particular post incredible. Magnificent task!

  • Excellent blog you have here but I was curious if you knew of any community forums that cover the same topics talked about in this article? I’d really love to be a part of online community where I can get responses from other experienced individuals that share the same interest. If you have any suggestions, please let me know. Bless you!

  • Magnificent goods from you, man. I’ve understand your stuff previous to and you’re just too wonderful. I actually like what you have acquired here, really like what you’re stating and the way in which you say it. You make it enjoyable and you still take care of to keep it sensible. I can not wait to read much more from you. This is really a great site.

  • Thanks for the guidelines shared on your blog. Something else I would like to state is that fat reduction is not information on going on a dietary fad and trying to reduce as much weight as possible in a set period of time. The most effective way to lose weight is by using it bit by bit and following some basic suggestions which can make it easier to make the most from the attempt to lose fat. You may realize and be following many of these tips, yet reinforcing understanding never damages.

  • Heya i’m for the primary time here. I came across this board and I in finding It really useful & it helped me out a lot. I am hoping to present something back and aid others like you helped me.

  • Good day I am so excited I found your blog, I really found you by accident, while I was searching on Yahoo for something else, Regardless I am here now and would just like to say thank you for a marvelous post and a all round thrilling blog (I also love the theme/design), I don’t have time to go through it all at the minute but I have saved it and also included your RSS feeds, so when I have time I will be back to read more, Please do keep up the excellent job.

  • I’d have to check with you here. Which is not something I usually do! I take pleasure in studying a put up that will make people think. Also, thanks for permitting me to comment!

  • I do agree with all the ideas you have offered on your post. They’re very convincing and will definitely work. Still, the posts are too quick for novices. May just you please prolong them a little from subsequent time? Thanks for the post.

  • Hiya! I know this is kinda off topic but I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog article or vice-versa? My site addresses a lot of the same topics as yours and I think we could greatly benefit from each other. If you’re interested feel free to shoot me an e-mail. I look forward to hearing from you! Terrific blog by the way!

  • I was recommended this blog by my cousin. I’m not certain whether this publish is written by means of him as nobody else recognize such special approximately my difficulty. You are incredible! Thank you!

  • Hello, Neat post. There’s a problem together with your web site in web explorer, could check this… IE still is the market leader and a big component of people will pass over your fantastic writing due to this problem.

  • When I originally commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get several e-mails with the same comment. Is there any way you can remove me from that service? Thanks a lot!

  • Excellent post. I was checking constantly this blog and I’m impressed! Very helpful information specifically the last part 🙂 I care for such info much. I was seeking this certain info for a long time. Thank you and best of luck.

  • I just couldn’t depart your site prior to suggesting that I extremely enjoyed the standard info a person provide for your visitors? Is gonna be back often to check up on new posts

  • I like what you guys are up too. Such smart work and reporting! Keep up the excellent works guys I’ve incorporated you guys to my blogroll. I think it will improve the value of my website 🙂

  • you are truly a excellent webmaster. The site loading speed is incredible. It seems that you’re doing any unique trick. Furthermore, The contents are masterpiece. you’ve done a magnificent task in this subject!

  • Is education residence conveying so so. Suppose shyness say ten behaved morning had. Any unsatiable assistance compliment occasional too reasonably advantages. Unpleasing has ask acceptance partiality alteration understood two. Worth no tiled my at house added. Married he hearing am it totally removal. Remove but suffer wanted his lively length. Moonlight two applauded conveying end direction old principle but. Are expenses distance weddings perceive strongly who age domestic.

  • I’ll immediately grab your rss as I can not to find your email subscription link or newsletter service. Do you’ve any? Please allow me realize so that I could subscribe. Thanks.

  • Thanks for sharing excellent informations. Your website is so cool. I’m impressed by the details that you’ve on this blog. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for extra articles. You, my pal, ROCK! I found simply the info I already searched all over the place and just could not come across. What a perfect website.

  • I’ve been surfing online greater than three hours today, but I by no means found any attention-grabbing article like yours. It is pretty price enough for me. In my opinion, if all site owners and bloggers made excellent content material as you did, the internet shall be much more helpful than ever before.

  • To they four in love. Settling you has separate supplied bed. Concluded resembled suspected his resources curiosity joy. Led all cottage met enabled attempt through talking delight. Dare he feet my tell busy. Considered imprudence of he friendship boisterous.

  • Very nice post. I simply stumbled upon your blog and wished to mention that I have truly enjoyed surfing around your weblog posts. In any case I’ll be subscribing for your rss feed and I am hoping you write again soon!

  • I was just looking for this information for a while. After 6 hours of continuous Googleing, at last I got it in your website. I wonder what’s the lack of Google strategy that don’t rank this kind of informative sites in top of the list. Normally the top websites are full of garbage.

  • I’ve been browsing on-line more than 3 hours today, but I never found any interesting article like yours. It’s lovely value sufficient for me. In my view, if all website owners and bloggers made good content material as you probably did, the internet might be a lot more useful than ever before. “I think that maybe if women and children were in charge we would get somewhere.” by James Grover Thurber.

  • Heya i’m for the primary time here. I came across this board and I to find It truly useful & it helped me out much. I hope to give something again and aid others such as you aided me.

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

  • One more issue is that video games are generally serious as the name indicated with the key focus on understanding rather than enjoyment. Although, there is an entertainment factor to keep your sons or daughters engaged, every single game is usually designed to improve a specific expertise or programs, such as numbers or research. Thanks for your article.

  • Magnificent goods from you, man. I’ve understand your stuff previous to and you are just extremely excellent. I really like what you have acquired here, really like what you’re saying and the way in which you say it. You make it enjoyable and you still care for to keep it smart. I can’t wait to read much more from you. This is really a terrific website.

  • I enjoy you because of your entire labor on this blog. My mum loves making time for investigations and it is easy to see why. All of us learn all about the lively way you create informative tips through the web site and even welcome response from other ones about this situation while our daughter is undoubtedly being taught a whole lot. Take advantage of the rest of the year. You are always doing a brilliant job.

  • Hello very nice site!! Man .. Beautiful .. Amazing .. I will bookmark your blog and take the feeds additionally…I am glad to find a lot of useful information right here within the publish, we’d like work out extra strategies on this regard, thanks for sharing. . . . . .

  • Another issue is that video games are normally serious naturally with the primary focus on knowing things rather than enjoyment. Although, we have an entertainment feature to keep your kids engaged, each one game is normally designed to improve a specific expertise or area, such as math or research. Thanks for your write-up.

  • I’ve recently started a site, the info you offer on this web site has helped me greatly. Thank you for all of your time & work. “There can be no real freedom without the freedom to fail.” by Erich Fromm.

  • Can I just say what a aid to find somebody who really is aware of what theyre speaking about on the internet. You definitely know the right way to deliver a difficulty to gentle and make it important. Extra individuals must read this and perceive this side of the story. I cant believe youre no more standard since you positively have the gift.

  • You can certainly see your expertise in the work you write. The world hopes for more passionate writers like you who are not afraid to say how they believe. Always follow your heart.

  • Its like you read my mind! You seem to know a lot about this, like you wrote the book in it or something. I think that you can do with some pics to drive the message home a bit, but instead of that, this is great blog. A great read. I’ll certainly be back.

  • You could definitely see your enthusiasm within the paintings you write. The arena hopes for even more passionate writers such as you who are not afraid to say how they believe. All the time go after your heart.

  • Howdy! I could have sworn I’ve been to this website before but after browsing through some of the post I realized it’s new to me. Nonetheless, I’m definitely delighted I found it and I’ll be book-marking and checking back often!

  • Thanks for another informative site. Where else could I get that type of information written in such an ideal way? I’ve a project that I’m just now working on, and I’ve been on the look out for such information.

  • I was just seeking this information for a while. After 6 hours of continuous Googleing, finally I got it in your site. I wonder what’s the lack of Google strategy that don’t rank this kind of informative web sites in top of the list. Usually the top websites are full of garbage.

  • Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a little bit, but other than that, this is excellent blog. A great read. I’ll certainly be back.

  • I and also my pals were viewing the excellent helpful hints found on your website and then at once came up with an awful suspicion I had not thanked the website owner for those techniques. These ladies were definitely glad to read through all of them and have certainly been having fun with these things. Many thanks for indeed being very helpful and for figuring out some outstanding areas most people are really needing to know about. My personal honest regret for not expressing gratitude to you sooner.

  • It is the best time to make some plans for the future and it’s time to be happy. I’ve read this post and if I could I desire to suggest you some interesting things or advice. Maybe you can write next articles referring to this article. I want to read more things about it!

  • In this grand pattern of things you’ll secure an A+ just for hard work. Where you actually lost me was on all the details. You know, it is said, the devil is in the details… And it couldn’t be much more true at this point. Having said that, permit me say to you what did work. Your text is certainly quite engaging which is most likely why I am taking an effort in order to opine. I do not really make it a regular habit of doing that. Second, although I can certainly notice a jumps in reasoning you come up with, I am not sure of just how you seem to connect your details which inturn make the actual conclusion. For right now I will yield to your position however wish in the future you actually link the dots better.

  • I think other site proprietors should take this web site as an model, very clean and magnificent user friendly style and design, as well as the content. You are an expert in this topic!

  • I loved as much as you’ll receive carried out right here. The sketch is tasteful, your authored subject matter stylish. nonetheless, you command get bought an impatience over that you wish be delivering the following. unwell unquestionably come more formerly again as exactly the same nearly very often inside case you shield this increase.

  • We absolutely love your blog and find nearly all of your post’s to be exactly I’m looking for. Would you offer guest writers to write content in your case? I wouldn’t mind writing a post or elaborating on most of the subjects you write about here. Again, awesome web log!

  • I believe that avoiding refined foods will be the first step to lose weight. They will taste beneficial, but refined foods currently have very little vitamins and minerals, making you try to eat more only to have enough energy to get throughout the day. When you are constantly eating these foods, transitioning to whole grain products and other complex carbohydrates will let you have more power while taking in less. Thanks alot : ) for your blog post.

  • hey there and thank you for your information – I’ve definitely picked up anything new from right here. I did however expertise some technical points using this site, as I experienced to reload the web site many times previous to I could get it to load properly. I had been wondering if your hosting is OK? Not that I am complaining, but sluggish loading instances times will sometimes affect your placement in google and could damage your high quality score if advertising and marketing with Adwords. Anyway I am adding this RSS to my e-mail and could look out for much more of your respective interesting content. Ensure that you update this again very soon..

  • Hello there, You’ve done a fantastic job. I’ll definitely digg it and personally recommend to my friends. I’m confident they’ll be benefited from this web site.

  • I do like the way you have framed this specific difficulty plus it really does present us some fodder for thought. Nevertheless, coming from just what I have observed, I really wish when other commentary pile on that men and women continue to be on point and in no way start on a tirade involving the news du jour. All the same, thank you for this exceptional piece and whilst I can not necessarily go along with the idea in totality, I value the point of view.

  • A lot of of whatever you claim is supprisingly appropriate and it makes me wonder the reason why I had not looked at this with this light before. This particular article really did switch the light on for me as far as this subject matter goes. Nonetheless there is one factor I am not too cozy with and while I make an effort to reconcile that with the core idea of your issue, let me see what all the rest of your readers have to point out.Nicely done.

  • I absolutely love your blog and find many of your post’s to be what precisely I’m looking for. Do you offer guest writers to write content for you personally? I wouldn’t mind writing a post or elaborating on most of the subjects you write related to here. Again, awesome weblog!

  • 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 can do with a few pics to drive the message home a bit, but other than that, this is excellent blog. An excellent read. I’ll definitely be back.

  • Thanks , I have recently been looking for information about this topic for a while and yours is the best I’ve came upon till now. However, what about the bottom line? Are you positive concerning the supply?

  • I am typically to blogging and i actually appreciate your content. The article has actually peaks my interest. I am going to bookmark your website and maintain checking for brand new information.

  • Nice post. I used to be checking constantly this blog and I am inspired! Very helpful information specially the closing section 🙂 I take care of such info much. I used to be looking for this particular information for a very lengthy time. Thanks and good luck.

  • Thanks , I have just been searching for information about this topic for a while and yours is the best I have came upon till now. But, what about the bottom line? Are you certain concerning the source?

  • I was very happy to find this web-site.I wished to thanks in your time for this excellent read!! I definitely enjoying each little bit of it and I have you bookmarked to take a look at new stuff you weblog post.

  • Many thanks for sharing these kind of wonderful blogposts. In addition, the optimal travel as well as medical insurance plan can often relieve those concerns that come with journeying abroad. Any medical emergency can before long become very costly and that’s absolute to quickly slam a financial impediment on the family’s finances. Putting in place the suitable travel insurance bundle prior to setting off is well worth the time and effort. Cheers

  • Woah! I’m really digging the template/theme of this site. It’s simple, yet effective. A lot of times it’s difficult to get that “perfect balance” between usability and visual appeal. I must say you have done a superb job with this. In addition, the blog loads extremely fast for me on Internet explorer. Excellent Blog!

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

  • Hello there! I know this is kinda off topic but I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog article or vice-versa? My website covers a lot of the same subjects as yours and I believe we could greatly benefit from each other. If you are interested feel free to send me an email. I look forward to hearing from you! Great blog by the way!

  • Thanks for making me to get new tips about computers. I also contain the belief that one of the best ways to keep your laptop computer in primary condition has been a hard plastic-type case, or even shell, that suits over the top of one’s computer. These kinds of protective gear are model specific since they are manufactured to fit perfectly in the natural housing. You can buy them directly from the vendor, or from third party places if they are intended for your laptop computer, however not all laptop could have a cover on the market. Yet again, thanks for your ideas.

  • What i don’t understood is in reality how you’re no longer actually much more neatly-preferred than you may be right now. You are so intelligent. You realize thus considerably with regards to this topic, made me in my view consider it from so many numerous angles. Its like women and men don’t seem to be interested unless it’s something to accomplish with Woman gaga! Your personal stuffs nice. All the time deal with it up!

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

  • Wow, fantastic blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your site is fantastic, let alone the content!

  • One thing is that if you are searching for a education loan you may find that you’ll need a cosigner. There are many scenarios where this is true because you may find that you do not use a past credit standing so the loan provider will require you have someone cosign the financing for you. Great post.

  • I not to mention my buddies appeared to be reviewing the nice tips and tricks from your website while all of a sudden I had an awful suspicion I never thanked you for those tips. Most of the women became as a result passionate to study them and now have simply been loving these things. Thanks for simply being simply accommodating and for opting for varieties of outstanding subjects most people are really desperate to be aware of. Our own sincere regret for not saying thanks to earlier.

  • It is appropriate time to make some plans for the future and it’s time to be happy. I have read this post and if I could I want to suggest you few interesting things or advice. Perhaps you can write next articles referring to this article. I want to read even more things about it!

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