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.

 

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.

 

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