Tag: Tronchantic Bursitis

$75,000 Non-Pecuniary Assessment For Trochanteric Bursitis and Plateaued STI's.

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, assessing damages for chronic soft tissue injuries and bursitis.
In today’s case (Diep v. Cunha) the Plaintiff was a pedestrian struck by a vehicle in 2010.  The motorist was found fully at fault.  The Plaintiff suffered soft tissue injuries which were plateaued by the time of trial along with a chronic hip injury which te court attributed to bursitis.  In assessing non-pecuniary damages at $75,000 Mr. Justice Verhoeven provided the following reasons:

[54]         I accept that the plaintiff suffered what can be described as soft tissue type injuries to her low back, left hip and thigh, and left knee in the accident.  These injuries have shown slow but substantial improvement over the course of more than four years since the accident.  It is possible that the injuries have plateaued as suggested by Dr. Fuller and to a lesser degree by Dr. Hershler. However her G.P., Dr. Kam, only states that her aches and pains and limitations will persist for an extended time.  In my view it is clear that the plaintiff’s condition can continue to improve, especially if she engages in the kinds of treatments suggested by Dr. Horlick. 

[55]         With respect to her low back pain, I prefer the opinion of Dr. Horlick to that of Dr. Fuller.  Dr. Fuller diagnosed sacroiliac rotation and malalignment. In his view while manual therapy could assist with the alignment problem, it might do more harm than good.  On the basis of his diagnosis he thought that remedial exercise would not likely help.  However, as he conceded, Dr. Fuller was quite unsure of the plaintiff’s diagnosis.  I am not persuaded that he is correct that her low back problem is other than soft tissue in nature. On that basis, the exercise therapy recommendations of Dr. Horlick are preferable, and in my view are supported by the other opinions and the course of her treatment and recovery so far. That is, physiotherapy and rehabilitation have been of benefit in the past.

[56]         I also prefer Dr. Horlick’s diagnosis of trochanteric bursitis as being the main problem with her left hip. ..

[77]         These authorities are helpful in that they serve neatly to bracket the appropriate award in this case.  Considering all the circumstances in this case, in my view $75,000 is a fair and reasonable award of non-pecuniary damages. This award includes $10,000 for her loss of housekeeping capacity, which I find should be recognized as an aspect of her non-pecuniary loss in the circumstances of this case.

$40,000 Non-Pecuniary Assessment for Aggravation of Tronchanteric Bursitis

Update August 23, 2013 – An Appeal from the below decision was successful with the BC Court of Appeal ordering a new trial.  Reasons from the BC Court of Appeal can be found here.
____________________________________________________________________
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, assessing damages for aggravation of pain due to pre-existing hip bursitis.
In this week’s case (McArthur v. Hudson) the Plaintiff was injured in a 2008 T-Bone collision caused when the Defendant failed to stop at a stop sign.  Fault was admitted.   The Plaintiff had significant pre-existing difficulties resulting in a total hip replacement.  Following this the Plaintiff developed trochanteric bursitis.

He continued to have problems due to this and other complications of his pre-existing condition.
The collision caused an aggravation of the Plaintiff’s tronchanteric bursitis along with some soft tissue injuries.  The court found that this aggravation ran its course by mid 2011.  The Court further found that the balance of the Plaintiff’s lingering limitations were due to his pre-existing condition and not compensable.  In assessing non-pecuniary damages for the aggravation at $40,000 Madam Justice Kloegman provided the following reasons:

[74]The plaintiff must be compensated for losses due to an aggravation of bursitis in the lateral aspect of the trochanter which was substantially resolved by March 2011. The plaintiff must be compensated for losses incurred by him for a soft tissue injury to his shoulder that substantially resolved after about one month, and a soft tissue neck injury that substantially resolved by May 2011. Finally, the plaintiff is entitled to compensation for headaches experienced until May 2011 and an aggravation of his depression due to the setback (perceived or otherwise) in his rehabilitation until November 2008.

[75]The plaintiff is not entitled to compensation from the defendant resulting from post-surgical complications in his hip, such as sublaxating fascia lata, tight iliotibial band or weak abductor muscles. The plaintiff is not entitled to compensation from the defendant for his lower back issues which resulted from a previous injury and arthritis in the spine. The plaintiff is not entitled to compensation from the defendant for any neck injuries or headaches after May 2011…

[82]Nonetheless, I am satisfied that the plaintiff endured a significant degree of pain, both physically and emotionally, from his Accident related injuries, and he is entitled to reasonable compensation for that. Given the plaintiff’s age, the nature and duration of his injuries, and the impact on his enjoyment of life, I am of the view that his damages should be set at $40,000 (Laroye v. Chung, 2007 BCSC 1478; Guilbault v. Purser, 2009 BCSC 188; and Carter v. Zhan, 2012 BCSC 595).

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