Personal details (age, family, etc.):
- Male, 54 years old, resided in a condominium with wife and 12-year-old son.
- European trained engineer who worked as a school custodian at a private school in Toronto
Accident details (how, where, when, diagram):
- The client was traveling northbound on Leslie Street and was struck by a car from behind at the intersection of Leslie and Sheppard, just north of Sheppard. The driver fled the scene of the accident.
Initial accident injuries (hospitalization, damages):
- The client was thrown off his bike and projected 30 feet into the air. Upon falling to the ground he struck his head and severed his left ear. He sustained a traumatic brain injury (GCS unknown). He had broken clavicle, arm and two ribs. Soft tissue injuries.
- Admitted to hospital, where an emergency plastic surgery was performed to reconstruct his severed ear. He was discharged home after 2 days.
- The client remained at home for 2 months following which
Sequelae, Injuries and conditions list:
- The client attempted to return to work, and was granted the ability to perform modified duties. After 2 weeks he was unable to continue to do severe headaches, photophobia, phonophobia, ringing in ears, dizziness, pain in various parts of the body, mostly neck, shoulders, pelvis and legs. He attempted to retrain for a different position, but found that was unable to process information.
- He was diagnosed with severe depression and anxiety disorder.
- Continued to present with difficulties with sleep
- Deemed non-cat initially.
- Deemed CAT due to severe depression after 26 months
- After initial failure to return to work modest rehabilitation services were initiated and included: PT in the home, OT once per week, CM as needed, SLP every two weeks, Social Worker once per week, RSW once per week..
- Funds exhausted within 14 months at which point all services except for Case Management, which was covered by the lawyer, were stopped.
- No services for 12 months, which resulted in significant deterioration of the client’s overall physical condition.
- Services reinstated with CAT designation: OT, PT, Psych, CM, PSW.
- Attendant care was granted 20 hours per week
- Initially good participation in rehabilitation and slow recovery, but after the break in services significant decline in function has been observed.
- Difficulties with depression ongoing; anxiety subsided somewhat. Other symptom mentioned above persisted.
- Client is making slow but steady gains in his participation in therapy, ie. PT achieved gains in strength and stamina, OT made progress with information processing abilities; RSW sessions include longer community engagements.
Settlement or judgment:
- Anticipated settlement in 2018 in the amount of 1.5 m