Category Archives: Brain injury cases

Bike helmets are designed to prevent skull fractures, not concussions, says Stanford prof 

Dr. David Camarillo is a bioengineering professor at Stanford University & a brain injury expert. His lab has designed a new very large helmet to greatly reduce the risk of brain injury. It provides more space & therefore more time for the head to slow down so that the brain is not bruised by hitting the inside of the skull.  Continue reading

Claimant changed her story between accident & medical assessments – judge rejects all her specialists’ opinions 

Ms. Gill’s lawyer claimed that she will have long-term consequences from a head injury from her car accident. He relied on the opinions of 4 medical specialists he hired to prove her claim.

ICBC’s lawyer claimed that the opinions of those medical experts were wrong because they got the facts wrong from the claimant. Continue reading

24-Hour expert hotline now available for questions about a concussion

Dr. Jha, a Toronto neurosurgeon, has launched a 24-hour toll-free hotline (1-855-899-5665) for anyone who has or thinks he/she may have sustained a concussion, including after a car accident, and has questions about his/her injury.

Dr. Jha says that, contrary to popular belief, a concussion can be caused by trauma other than a blow to the outside of the head. For example, during a car accident, it is possible to sustain a concussion from one’s brain getting bruised by impact with the inside of one’s skull. Continue reading

Limited English speaker awarded $350,000 for loss of future earning capacity

Ms. Tan was 52 years old at the time of her mva. She had been working as a room attendant cleaning guest rooms for nearly 16 months at The Westin Wall Centre Hotel (“The Westin”). By her trial date she had not returned to work at her former physically demanding or any job since her mva due to her chronic pain & cognitive & psychological issues.
ICBC’s lawyer argued at trial that:

  • Ms. T’s loss of future earning capacity award should be small and,
  • she will be able to get a job again if it involves her being seated or performing only light-strength work.

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Court values brain injured claimant’s lost future earning capacity at $4,533,000 U.S.

David Mackey was 17 years old when he was visiting BC from the US. He was swinging on a severely corroded lamp post. It broke & he fell ten meters below. & suffered a severe brain injury.

Mr. Justice Macintosh heard a 34 day trial to assess relative degrees of fault and Mr. Mackey’s damages including his loss of future earning capacity.

Mr. Mackey’s lawyers argued that absent his accident he would have become an orthopaedic surgeon in the USA even though he was still in high school when he was injured.

The defence argued that the claimant’s scholastic performance up to the accident date would have barred him from achieving the qualifications needed to eventually become an orthopedic surgeon.

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Claimant’s parents compensated $14,000 for travel expenses & $6,000 for services they provided

Ms. Gabor was unable to avoid colliding with a pick-up truck that ran a red light. She incurred a brain injury with memory loss and chronic shoulder pain.

After the accident, her parents frequently flew from Lethbridge to Vancouver, rented an apartment or stayed at a hotel and provided her with assistance.

Two issues were whether her parents should be compensated for:

  • their travel expenses and
  • the services they provided their daughter.

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Judge reduces lost earning capacity award due to claimant’s pre-accident psychological challenges

Mrs. M. was a teacher. She suffered a mild traumatic brain injury in a car accident. Before her accident she had a few challenges:

  • she had received numerous treatments for psychological counseling;
  • had difficulty coping with the normal stressors of day-to-day life; and
  • was at risk for anxiety and depression.

The judge awarded her $350,000 for her loss of future earning capacity. Continue reading

Is there an advantage in obtaining a private MRI versus an MRI at a hospital?

This is letter written by the president of Canadian Magnetic Imaging (CMI) , a private MRI clinic in Vancouver. While CMI benefits certainly benefits from injured people obtaining private MRI’s from them it is certainly worth considering what he has written:

“There has been much discussion about the use of MRI in litigation and, in particular, a focus on the role of the public system in recovering the cost of the scan. The reports attached to this newsletter demonstrate that, regardless of the recovery issues, the public system is not where you want your litigation clients scanned because it will likely not provide you with the information you require to obtain appropriate recovery for your clients.

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Absence in medical records of dizziness complaints in the first month doesn’t mean the car accident was not the cause

ICBC hired an ear, nose and throat specialist, Dr. Bell, to assess an injured claimant at an independent medical examination. He wrote that the first recorded complaint of her imbalance was about a month after the collision and that this was too long for trauma to have been its cause.

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