Freak gas station accident leaves an older woman almost dead
Personal details (age, family, etc.):
- Female, 78, living in a single-family home with her daughter’s family in Brampton.
- She was highly functioning before the accident: helped with cooking, cleaning the house, child care for her grandchildren, she was engaged in social clubs in the community and was an active member of her church.
Accident details (how, where, when, diagram):
- The client was on her way to the grocery store with her daughter and they stopped at a gas station at Steeles and Dixie.
- While Joan’s daughter was filling up the car, Joan decided to pick up a snack at the gas station.
- As she was leaving the store, the driver of a vehicle that just finished filling up was backing his car, did not notice that Joan was directly behind and hit her on the side of her leg with the bumper.
- Joan was thrown to the ground, hit her head on the pavement and lost consciousness.
- An ambulance was called to the scene, and she was taken to William Osler Hospital in Brampton.
Initial accident injuries (hospitalization, damages):
- Joan sustained a mild traumatic brain injury with, a fractured arm and clavicle.
- She remained in the hospital for 3 days and was discharged home.
Sequelae, Injuries and conditions list:
- After returning home Joan had a good recovery for her fractures
- She continued to complain of pain in her shoulder and arm, as well as lower back and pelvis.
- After approximately 3 months the client began experiencing difficulties with dizziness, memory problems, and tremor in her hands
- She was referred to a neurologist for assessment, and he recommended for her to continue observing her symptoms
- The symptoms continued to get worse: the tremor prevented her from engaging activities of self-care, she became highly behavioral towards her family members with frequent outbursts of anger, she continued to experience dizziness, she began losing weight.
- She fell on several occasions and eventually fractured her wrist 6 months after the injury
- Neurologist reassessed her after admission to the hospital and diagnosed her with parkinsonism and onsets of dementia
- 12 months after the accident all symptoms continued to worsen and the client started having seizures
- Initially deemed non-CAT but following the fall the lawyer was successful at reaching a CAT determination
- Therapies included OT, PT, Psychologist, RSW
- After her fall, she was granted 27/7 attendant care due to high risk due to high risk of falling.
- It was maintained for the duration of the claim.
- Physical therapy was successful at helping with recovery from fractures
- Some success was achieved with balance training
- The family took on the responsibility of providing attendant care, but eventually hired a live-in PSW.
- She was put on anti-seizure medication and dopamine for tremor. With medication, she was stabilized but the neurocognitive problems due to brain injury continued to get worse.
Settlement or judgment:
- Settlement reached after 3 years 760K plus tort