$85,000 Non-Pecuniary Assessment for Wrist Fracture With Post Traumatic Arthritis
Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, assessing damages for a fractured wrist which resulted in post traumatic arthritis and permanent dysfunction.
In last week’s case the Plaintiff was struck by the Defendant’s vehicle as she was crossing the street. Fault for the crash was admitted. The Plaintiff suffered a comminuted fracture of her distal radius which required surgery.
The injury resulted in post traumatic arthritis developing which interfered with its function and was expected to cause limitations on a permanent basis. In assessing non-pecuniary damages at $85,000 the Court highlighted the following medical evidence addressing prognsois and provided the following reasons:
[9] In his May 15 report, Dr. Somani states as follows:
…
Prognosis.
It is my opinion that the Plaintiff has plateaued with respect to function. She continues to have discomfort of the right wrist. Clinical examination has demonstrated reduced range of motion and reduced grip strength. Recent x-rays have confirmed probable premature osteoarthritis which may be progressive.
The Plaintiff has impairment in the abilities to self-care, housecleaning, laundry, complex meal preparation and transportation as outlined by the occupational therapy assessment.
The Plaintiff will continue to require support services which may include cleaning, meal preparation, shopping, laundry and transportation.
The Plaintiff may require specialized bracing for her right wrist and possibly an orthopedic opinion should her osteoarthritis progress in the future.
The Plaintiff will continue to require analgesia for pain management and regular assessments of her home with respect of safety features including handrails etc….
[22] On March 8, 2010, the Plaintiff was an active, independent woman of 76 clearly taking great pleasure in her life. After her injury, she was not able to look after herself and took a long while to even get back to walking. Now she is left with a right hand of limited use because of pain, arthritis and de-conditioning, a fear of walking on her own and significant loss of function such that she can no longer cook as she once did, or do the heavier housework. She continues to have pain and suffering and her enjoyment of life is markedly diminished. For that loss, I award her general damages of $85,000.