Court awards $400,000 in Cost of Future Care for soft-tissue and emotional injuries

In reasons for judgment released yesterday, the court in Pearson v. Savage, 2017 BCSC 1435, awarded the 21-year-old plaintiff over $400,000 for cost of future care in a case involving soft-tissue and emotional injuries.  In Pearson, the plaintiff suffered soft-tissue injuries which eventually caused depression, anxiety, and PTSD.  In making the award for cost of future care Madam Justice Loo said as follows:

[215]     Ms. Pearson seeks an award of cost of future care of $401,868.50, which includes the cost of the medical treatment that the medical experts recommend based on their assessments of her. The purpose of a cost of future care award is to sustain or improve the physical and mental health of the injured person based on what the medical evidence is reasonably necessary: Gignac v. Rozylo, 2012 BCCA 351.

[216]     There is general agreement among the medical witnesses that Ms. Pearson needs treatment, although the names of the treatment may differ slightly.  However, a multi-disciplinary intervention, physical rehabilitation and pain management program, or multidisciplinary chronic pain management program is necessary. This includes physiotherapy, occupational therapy to establish an initial rehabilitation plan, physical therapy, active rehabilitation with a kinesiologist, psychological counselling or therapy, and cognitive behavioural therapy or psychotherapy. She also requires prescription medication for anti-depressants, Botox treatments, and intramuscular stimulation (IMS) or myofascial trigger point injections, and after Ms. Pearson has plateaued following her rehabilitation plan, a vocational or career consultant, and life-long access to a gym.

[217]     Ms. Pearson testified that she is willing to travel to Vancouver for the recommended medical treatment that she needs (assuming of course, that the treatment is not available in Squamish) and as set out in Ms. Craig’s cost of care report. Despite her anxiety with being on the Sea-To-Sky Highway, I believe that she will obtain the treatment she requires, despite the problems she has had in the past.

[218]     Ms. Pearson has found IMS helpful for reducing pain, and Botox helpful for her headaches.

[219]     Ms. Craig prepared a cost of care report based on the recommendations made by the medical experts, including the recommendations in her functional capacity evaluation. The plaintiff points out in argument that no aspect of Ms. Craig’s cost of future care report was challenged...

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[222]     Ms. Pearson is entitled to damages of $401,868.50 for cost of future care.

The full decision can be found here: http://www.courts.gov.bc.ca/jdb-txt/sc/17/14/2017BCSC1435.htm#_Toc490471362