Court Awards $100,000 For Multiple Lower Back Disc Protrusions

In Tabet v. Hatzis, the Plaintiff was injured as a pedestrian in a marked crosswalk when he was struck by a vehicle. The Plaintiff subsequently brought an ICBC claim for many heads of damages, including pain and suffering, loss of future earning capacity, and the cost of future care. The Plaintiff suffered many injuries, the most serious of which were several lower back disc protrusions. By the time of trial, the Plaintiff had suffered from chronic pain for over five years, and the pain was expected to continue. Back surgery was likely. The Court awarded $100,000 for pain and suffering, and loss of enjoyment of life.

 

[48]         According to Dr. Sahjpaul, a September, 2007 post-accident CT scan demonstrated a left L4-5 disc herniation and a broad based L5-S1 disc bulge.  Subsequent investigations demonstrated the L5-S1 disc bulge has also become herniated.  Unfortunately, Mr. Tabet’s prognosis for complete recovery from associated symptoms is not favourable.  While it is possible that his left leg symptoms will improve somewhat it is unlikely that his back pain and neck pain will improve substantially, even with surgery.

 

[73]         In support of his submission Mr. Tabet’s counsel emphasizes his pre-accident good mental and physical health and the change brought on in both by his injuries.  Although he has been stoic and continued to work hard, he now suffers chronic pain, disturbed sleep and mood disturbance that compromise his enjoyment of life.  He experiences persistent daily low back pain with radiating leg pain and neck pain, as a result of which he takes large amounts of narcotic analgesics.  In consequence, he is tired, irritable and often unable to interact well with his wife and children and help around the house.  He also faces the dreaded, and now seemingly inevitable, prospect of back surgery.

 

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