Category Archives: Chronic pain – awards

Claimant’s experts out-persuade ICBC’s specialists- judge awards $765,395 for chronic pain

Ms Lauriente was injured in an mva in 2010 & developed chronic neck pain & headaches. The main issue in her trial was whether they impaired her future ability to work full-time as an RN. Dr. Locht, an orthopedic surgeon, assessed Ms. L for ICBC. He wrote that Ms L’s injuries did not give rise to any impairment in her function. The judge dismissed his opinion & wrote that: Continue reading

Judge values chronic shoulder & arm pain at $68,000 & lost housekeeping capacity at $10,000 

Ms Wendt, 55, continued to suffer shoulder & arm pain 3 years after she was rear-ended. ICBC’s lawyers argued that her pain & suffering award should be reduced because she did not fully follow her doctor’s advice, her pain increased after she unwisely moved furniture & she had pre-mva arthritis. Continue reading

Judge awards $10,000 for housework done by her claimant’s family after her MVA

Ms William, 59, claimed that prior to her MVA she did the cooking & cleaning at home without her family’s help. 4 years after her MVA, Ms W still suffers from neck, back & chronic knee pain that limits her daily activity. As a result, her husband & adult son have done most of the cleaning & cooking in their home since her MVA. Continue reading

BC Court of Appeal backs Judge cutting claimant’s damages in half because she stopped psych treatment & didn’t try to return to work

Ms. Mullens continued to experience significant pain & psychological problems 4 years after her accident when she went to trial. Her doctors had recommended more psychiatric treatment & exercise but she did not follow this advice. She also never tried to gradually return to work. Continue reading

Judge awards claimant with depression, anxiety & pain $12,631 for future psych treatment & meds

Ms D, 53, was injured in a car accident ten years before her trial. A psychologist that her lawyer referred her to a year before her trial diagnosed her with: major depression, post-traumatic stress disorder, severe driving & other anxiety & severe & constant chronic pain. Continue reading

Judge awards young woman $425,000 for her loss of future earnings due to her inability to pursue a law enforcement career

Ms. Bains was 27 when she was injured in a car accident in 2013. She was interested in finding a career as a law enforcement officer. This would have required her to pass challenging strength & endurance testing.

She claimed at trial 4 years later that she was no longer able to do this work due to her ongoing injuries & limitations. Continue reading

79-year-old injured woman awarded $205,635 for the cost of her future care

Ms. Paterson, 79, lives on a 20-acre farm near Sooke, B.C. Three years after her car accident she continued to experience chronic neck pain & issues with her mood & memory. Her medical experts wrote that she requires ongoing treatment to manage her symptoms & that she will require assistance in the future with daily activities & house care. Continue reading

Judge awards $100,000 for pain & suffering to man with chronic pain

Mr. Lafond, 57, continued to have pain in his right shoulder, neck & back as well as ongoing headaches, anxiety & depression at his trial 6 years after his car accident & his future did not look bright. He was a stoic person not given to complaining. Continue reading

Talk to your doctor about using over-the-counter pain meds safely after an mva

Many injured people don’t discuss their use of over-the-counter (OTC) pain relievers, such as Tylenol & Advil, with their doctor. Often this is because they don’t consider them to really be medication since they are not prescribed.

Charles P. Vega, MD, explained the following safety factors he considers when he recommends an OTC pain reliever to a patient: Continue reading

Judge awards $80,000 for pain & suffering to plumber who worked through his long-term pain

Mr. Catling, age 56, was broadsided in a car accident.  Four years later at his trial, he complained of ongoing pain in his back, knees & elbows which doctors diagnosed as moderate soft tissue injuries. 

His work in his own small plumbing business involved very physical labour & working in awkward body positions. ICBC’s medical expert was optimistic about his recovery but the expert hired by Mr. C’s lawyer was quite pessimistic. 

Continue reading

Judge awards $175,000 for pain & suffering – permanent low back & SI joint pain, anxiety & depression

Ms. Kim suffered soft tissue injuries from her mva to her low back & SI joints which caused her significant pain. This pain, combined with her pre-accident personality, resulted in the mental & physical disorders she suffered.

After her trial, the judge concluded that:

  • Ms. K suffered “more than superficial physical injuries”,
  • she had faced very significant mental suffering,
  • her disability was likely permanent &
  • it prevented her from doing activities she enjoyed before her mva, her work & her more difficult household tasks.

Continue reading

Post-accident depression – clinical study shows that improving one’s diet may help 

Many people injured in vehicle accidents develop depression. Sometimes this is so severe that a physician or psychologist diagnoses the patient as having “clinical depression”. Often this is a result of people realising that their recovery will not be as rapid as they had hoped.

A recent study showed that if people follow a very healthy diet they may be able to:

  •  lower their risk of developing clinical depression or
  • recover from their clinical depression more quickly.

Continue reading

Recent immigrant developed chronic pain after mva – judge awards $900,000 for lost future earning capacity

Ms. Kim had studied to be a dietitian in Korea. She moved to Vancouver with limited English 3 years before her accident & planned to train as a dietitian here. Before her accident, she worked part-time as a waitress & studied English.

After her trial, the judge concluded that she:

  • has chronic back pain & depression,
  • is likely permanently unemployable & overall less capable of earning income for the rest of her life, but
  • may possibly be able to have a less well-paid career as a nutritional aide or waitress.

Continue reading

 Judge awards $125,000 for pain & suffering to claimant with permanent low back disc injury who exaggerated his disability

Mr. Churath, age 46, was rear-ended in a car accident. Five years later at his trial, he complained of back pain which radiated down to his right foot, continuing disability & resulting depression.

Video ICBC investigators took showed that Mr. C was less limited in his activities than he claimed.

One year before his accident, he suffered a low back disc injury. After surgery, he was left with only minor pain & limitations at the time of his car accident.

Continue reading

Effectiveness of Botox in treatment of headaches, migraines & low back pain recently reviewed

Many injured people who do not have a speedy recovery from their injuries are tempted to consider treatment by injections of Botox (Botulinum Toxin).

 

A pain management physician at the U. of Colorado Health Sciences Centre* wrote an article in Medcape on March 9, 2016 in which she referred to a review of botulinum toxin studies performed by the Therapeutics and Technology Assessment Subcommittee of the American Academy of Neurology… Continue reading

Periodic rhizotomies over time will help claimant’s facet joint back pain — $100,000 for lost future earning capacity

Ms. Villing suffered from continuing low back pain at her trial 5 years after her accident. This caused her some difficulty handling her part-time job as a legal assistant.  ICBC hired an orthopaedic surgeon to assess Ms. V. He stated that a procedure called a rhizotomy would improve her back pain but would need repeating over time.

 

In spite of the optimism of the surgeon ICBC hired, the trial judge awarded Ms. V. $100,000 for her loss of future earning capacity. ICBC appealed this award to the B.C. Court of Appeal. Three of its judges affirmed the trial judge’s award.  Continue reading

New study – yoga & stretching / strengthening / cardio are equally effective for low back pain

The study randomly assigned participants to one of three groups, those in:

  1. weekly yoga classes over 12 weeks, which taught breathing exercises, postures and deep relaxation;
  2. weekly stretching classes which taught aerobic exercises, deep stretches & strengthening exercises focused on the lower body; &
  3. “self-care”. This was the control group. They only received a book with advice on back exercises & how to reduce pain.

Continue reading

New study questions use of acetaminophen for managing back pain & rec’s physical treatments

A recent medical study shows the ineffectiveness of acetaminophen (Tylenol) in reducing pain & disability for patients with spinal pain or osteoarthritis. It also found that it may have harmful effects on the liver.

The findings from this study emphasize a shift away from pharmacological treatment to non-pharmacological ones. Continue reading

Judge reduces claimant’s damages by 50% because she discontinued psych treatment & didn’t try to return to work

Ms. Mullens continued to experience significant pain & psychological problems 4 years after her accident when she went to trial. Her doctors had recommended more psychiatric treatment & exercise but she did not follow this advice. She also never tried to gradually return to work. Continue reading

 Judge assessed $140,000 for pain & suffering for long-term pain & psych problems – but then cut this in half

Ms. Mullens suffered moderate soft tissue injuries in a car accident. At her trial 4 years later, she continued to suffer from anxiety, depression, panic attacks & chronic headaches, neck & low back pain.

The judge concluded that “from a purely physical point of view she ought to have recovered from her injuries long ago, but the accident triggered ongoing psychological conditions…”

She had not followed several recommendations given by her doctors.  Continue reading

Claimant’s chronic pain much worse after mva— $110,000 for pain & suffering less 50% for his fault

Mr. McNeilly, 52, was suffering from a back injury, degenerative disc disease & severe pain in both feet before his accident. Then he suffered shoulder, hip, neck & chest injuries from his mva.

Two of the main issues at his trial were:

– to what extent his condition was worsened by his mva &

– whether he was partly at fault for his mva.  Continue reading

Judge orders ICBC to pay claimant the cost of Botox® treatments & Butrans® patch

Mrs. Merko’s two accidents left her with chronic pain which severely impacted her quality of life. Her neurologist who treats her headaches & her GP recommended:

  • an exercise program;
  • Botox® injections for her headaches which got worse after her mva’s &
  • Butrans® patches & other medications to manage her high level of pain.

Continue reading