$120,000 Non-Pecuniary Assessment for Chronic Rotator Cuff Injury

Adding to this site’s database of cases dealing with ICBC shoulder injury cases, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing such an injury.
In this week’s case (Hanson v. Yu) the Plaintiff was involved in a 2010 intersection collision which the Defendant was found 100% responsible for.  The Plaintiff was 43 years old and worked as a contract sales representative.  The collision caused a chronic rotator cuff injury which required two surgeries at the time of trial and was expected to have long term and deteriorating function in the future.  In assessing non-pecuniary damages at $120,000 Mr. Justice G.P. Weatherill provided the following reasons:
[4]             The plaintiff’s neck, upper back and headache symptoms settled in approximately four months. The most significant and far more serious injury was to his right shoulder, his dominant arm.
[5]             The plaintiff underwent two surgeries to correct the shoulder injury. Neither surgery was effective. He also had approximately six cortisone injections that provided some temporary relief, and he underwent nearly two years of physiotherapy treatments.
[6]             He has permanent pain and restricted function in his right shoulder. His ability to do physical tasks at work and at home is limited, and he relies on prescription pain medication to manage…
[170]     In this case, the plaintiff has a permanent and progressively deteriorating injury to the shoulder of his dominant arm. He is likely to face surgeries in the future that will have an uncertain outcome. Has chronic pain and is managing to function through the use of pain medication that he is now addicted to. Having considered the cases, counsel have referred to, the evidence , the permanent nature of the plaintiff right shoulder injury and the possibility that it will deteriorate in the future and require shoulder replacement and considering the principles that must be considered in awarding of general damages, I award $120,000 under this head.