Plaintiff Awarded $130,000 For Chronic Fibromyalgia

In S.R. v. Trasolini, the Plaintiff was injured in a rear end motor vehicle accident, and subsequently brought an ICBC claim seeking damages for pain and suffering, income loss, future income loss, loss of housekeeping capacity, and cost of future care. Liability was not contested by ICBC’S lawyer. By the time of trial, approximately five years after the accident, the Plaintiff continued to endure fibromyalgia, and was expected to continue to do so into the future. The Court awarded $130,000 for pain and suffering.

 

[169] The injuries sustained by Ms. R. have caused her years of suffering, fluctuating degrees of chronic pain all over her body that is sometimes quite severe, and the concomitant diminution of joy and pleasure to most aspects of her life. Although her symptoms have gradually improved, particularly in the year or so leading up to trial, they remain sufficiently significant to continue to meet the diagnosis of fibromyalgia. The expert opinion evidence that I accept is skeptical that Ms. R. will ever fully recover to her former self despite her completion of the Pain Program, commitment to physiotherapy and other treatment modalities and reasonable exercise when she is able.

[170] A formerly outgoing, sociable and highly energized and engaged woman, Ms. R. is now more reclusive and has had to lean heavily on her aging mother to perform her share of household chores and, for about a six-month period, to assume most of her personal grooming. She worries about her future, including how she will be able to care for her elderly mother in the passing years.

[171] The Accident has left Ms. R. to confront the grim reality that she has an incurable and complex syndrome that manifests as chronic pain and an array of other unwelcome physical, psychological and cognitive impairments. For years to come, possibly indefinitely, she will be vulnerable to episodic aggravation of her physical symptoms, which in turn, will disrupt her sleep and produce an adverse effect on her overall emotional and cognitive well-being. The person she was before the Accident has been forever altered.

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