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.
Ms D’s family doctor said at her New Brunswick trial that prior to her MVA:
- he had treated her for anxiety & headaches;
- her headaches were less frequent & of a different nature than after her MVA &
- he had also treated her for neck, shoulder, chest & wrist pain.
Justice DeWare concluded that:
- Ms D’s pre-existing pain, anxiety, headaches & depression are worse than before her mva,
- she exhibits symptoms of PTSD & severe anxiety,
- she is not faking her illnesses,
- she has no interest in pursuing psychological treatment &
- she is suffering from a somatoform disorder, a type of pain disorder with psychological factors,
but, the judge also concluded that:
- her pre & post-MVA treatment recommendations were the same except for two exceptions, the need for:
- psychotherapy &
- Doxepin, a tricyclic antidepressant used to treat depression &/or anxiety.
In regards to Ms D’s cost of future care, the judge awarded her:
- $3,900 for 26 sessions with a psychologist;
- $442 for transportation to her sessions &
- $8,289 for her Doxepin prescription.
This was a New Brunswick case. Had it been tried in BC it’s quite possible that the judge would have been more generous in this award.
- “Cost of care, treatment and assistance in the future. Questions & Answers” at:
- other blogs on court awards for future cost of treatment and help at: