Dislodged Breast Implant and Voice Injury Result in $120,000 Non-Pecuniary Assessment

Reasons for judgment were released last week by the BC Supreme Court, Vancouver Registry, assessing damages for breast implant disruption and a voice injury following a collision.
In last week’s case (Giczi v. Kandola) the Plaintiff was involved in a 2008 collision.  The Defendant admitted fault.  The collision resulted in chronic soft tissue injuries, a dislodged breast implant requiring surgical correction and muscle spasms leading to voice disruption.  In assessing non-pecuniary damages at $120,000 Mr. Justice Sigurdson provided the following reasons:
[120]     In the instant case, the subject accident caused the plaintiff injuries, including: soft tissue injuries to her neck, jaw, and upper back which caused her chronic pain, functional thoracic outlet syndrome, and damage to her breast implant necessitating surgery months later.  The plaintiff’s injuries have resulted in symptoms that are significantly worse than her pre-accident condition and have affected her ability to cope and function.
[121]     I find the plaintiff suffers from a chronic pain condition which was caused by the subject accident.  Not only is the condition painful in the neck, arm and jaw, but the accident dislodged a breast implant requiring further surgery and a painful period of recovery. The chronic pain condition has also had a negative impact on the plaintiff’s relationship with her partner and the intimacy that the couple enjoyed. 
[122]     In addition, the accident has also caused difficulty in the plaintiff’s singing from muscles spasms as a result of her injury.   I find the accident’s effect on the plaintiff’s ability to sing has been profound, given the importance of singing to the plaintiff throughout her life.  The expert evidence of Ms. Davies and Dr. Morrison convinces me that her voice is impaired.  I think that this is a significant factor apart from its effect on her income earning capacity.
[123]     In all the circumstances, I find that the appropriate award of general damages is $120,000.