Provincial Court Awards $23,000 for Chronic Knee Pain to Elderly Claimant
Monday, 27 June 2011

As a result of her fall in June 2001, the Claimant suffered ongoing pain in her left knee. The evidence of the orthopaedic surgeon who had replaced the Claimant's knees (Dr. Werry) was preferred over the City's expert, Dr. Hirsch (physiatrist). The Court found that Dr. Werry was "the only physician who attempted to explain the persistent pain in Ms. Pollon's knee." Additionally, the Court found that the Claimant's right knee "had the same condition and was operated on in the same fashion as the left knee but is not painful."
In the result, Judge Ehrcke awarded $23,000 in general damages to the Claimant saying as follows:
[22] In summary, the effects of this accident on Ms. Pollon have been chronic pain on the side of her left knee and a decreased ability to walk. The effects are permanent. The pain is in addition to other more intermittent pain she experiences from her rheumatoid arthritis. These other conditions would have left her with some pain-free days. Now there are none.
Personal Injury Law Personal Injury Lawyers
posted by Simpson Thomas & Associates at
09:46