$110,000 Non-Pecunairy Assessment For Chronic Rotator Cuff Injury
Adding to this site’s archives of pain and suffering awards for shoulder injuries, reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, assessing damages for a chronic rotator cuff injury.
In today’s case (Pistruga v. Garcia) the Plaintiff was involved in a 2008 collision. The Defendant admitted fault. The Plaintiff suffered a rotator cuff injury which underwent arthroscopic surgery which did little to improve the plaintiff’s chronic symptoms. In addition to this the Plaintiff suffered from a major depressive disorder attributed to the consequences of this crash. In assessing non-pecuniary damages at $100,000 Mr. Justice Burnyeat provided the following reasons:
[100] Mr. Pistruga is now 50. I find that he has suffered and continues to suffer both physically and emotionally as a result of the negligence of Mr. Garcia. I am also satisfied that his pain and suffering has resulted in an impairment of his family life – a restriction of his household duties and a deterioration of his relationship with his wife and son. I find that Mr. Pistruga suffered severe pain for about three months after the First Accident and for about four months after the shoulder surgery. Mr. Pistruga has had and continues to have pain in his shoulder. As a result of the First Accident and the operation that was necessary as a result of the injuries suffered in the First Accident, he continues to suffer and I find that he will continue to suffer emotionally from the injuries caused by the First Accident and that his symptoms can only be partially lessened by prescription and non-prescription medicine. While medication appears to have eased his mood swings, I find that he remains suspicious and moody from time to time as well as being subject to panic attacks.
[101] As a result of the First Accident and the necessary operation, Mr. Pistruga has seen an impairment of his recreational activities as well. Regarding his physical situation, I accept the opinion of Dr. Vorobeychik that the prognosis is “guarded”. Regarding the emotional health of Mr. Pistruga, I accept the opinion of Dr. Levin that the prognosis for full recovery relating to his chronic major depression disorder “remains guarded and he most likely will require ongoing maintenance psychopharmacological treatment”.
[102] In the circumstances, I am satisfied that non-pecuniary damages of $110,000 should be awarded.