In Hsu v. Choquette et al., the Plaintiff was injured in a rear end motor vehicle accident, and consequently brought an ICBC claim for damages for pain and suffering, loss of housekeeping capacity, cost of future, and special damages (out of pocket expenses). Liability was admitted by ICBC’S lawyer. The central issue for the Court to consider was whether or not the Plaintiff suffered from Thoracic Outlet Syndrome as a result of the accident. The Court ruled that she did, and awarded $87,500.00 for pain and suffering, with the accident occurring approximately 4 1/2 years before the trial.
[40] The type of TOS that Dr. Salvian diagnosed in Ms. Hsu’s case was neurogenic (nerve-based), caused by compression of nerves in an area known as the brachial plexus.
[41] Through a series of standard physical tests, he was able to provoke the symptoms of tingling in the right arm and all of the fingers and severe pain in the right shoulder and neck. His review of her medical and therapeutic records revealed a post-accident history of pain and tenderness in the right neck and shoulder muscles, right shoulder pain and numbness travelling down that arm to the fingers. He did not find many symptoms on the left side.
[42] His opinion was that Ms. Hsu’s headaches and neck pain were related to injury to the muscles and ligaments of the neck and upper back. He qualified this aspect of his opinion by emphasizing that he is not a specialist in these types of injuries.
[43] More significantly, his opinion was that her numbness, tingling and pain radiating into all of her fingers but mainly the thumb, forefinger and middle finger of the right hand was “due to a combination of post traumatic TOS and likely a component of carpal tunnel syndrome.”
[88] In this case Ms. Hsu’s injuries have affected her life in various ways, several of them quite serious. Most importantly, her ongoing pain, weakness and fatigue have restricted her ability to participate fully in many of the important family roles and recreational pursuits that she values.