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  • December 19, 2016
  • by WILL DAVIDSON LLP

Female client, 25 years old at time of collision. Client was t-boned at an intersection.

Client suffered soft tissue injuries to primarily the left side of her body. Her most significant pain was located on the left side of her face, neck, shoulder and back. She initially received some physio/massage therapy, as well as anti-inflammatory medication and seemed to have some improvement in the weeks following the collision.

Improvement was short lived, and client started to have increasing pain. Numerous examinations and tests were performed (MRI, x-ray, CT, ultrasound) all of which were unremarkable.

Over time, clients pain became more significant. At times with severe pain, client would experience a left sided facial droop. Physicians were unable to determine the cause of this. Nerve testing did not reveal cause.

Client sought out treatment from numerous sources — physiotherapy, aquatherapy, massage, numerous medications, some psychological counseling. She sought treatment in the USA at both the Louisiana State University and the Cleveland Clinic. Both diagnosed her with chronic pain. She undertook a comprehensive chronic pain program run by Dr. Mary Lynch in Nova Scotia. This program was most helpful to the client in understanding her pain and providing strategies to cope with same.

Currently client continues to undertake massage therapy, as well as medications (primarily Lyrica and a Ketamine spray).

At the time of the collision the client had been accepted to law school in Australia. She was scheduled to start in Jan/10. She was unable to start until 2012 due to effects of collision. When she did start, she was unable to handle the courses and ultimately had to drop out. She currently is taking a part time BA in psychology with accommodations. She lives in Australia with her fiancé.

Prior to the collision (2007), the client had been accepted to a different Australian law school, but left before completing her first semester due to (conflicting evidence) either relationship issues with her boyfriend, or stress. She returned home to Canada, and spent approximately 1 year prior to the collision working in her father’s dental office in a reception role.

The jury awarded the following:

General Damages: $100,000
Past Income Loss: $86,000
Future Income Loss: $731,000
Med/Rehab (Future): $290,000
Attendant Care (Future): $300,000
Housekeeping: $100,000
FLA (mother): $25,000

The client was found 10% contributorily negligent for the collision.

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