Speeding police car sends a driver to hospital
Personal details (age, family, etc.):
- Male, 48, living in a single family home in Brampton Ontario with wife and two children.
Accident details (how, where, when, diagram):
- The client was traveling Westbound on Sandalwood Parkway. His car was sideswiped by a vehicle traveling Northbound on McLaughlin Drive. The car rolled over 3 times. Tort claim was filed.
Initial accident injuries (hospitalization, damages):
- The client sustained a severe traumatic brain injury (GCS: 8), severe fractures of left clavicle, ribs bilaterally, and foot. He was airlifted to Sunnybrook Health Sciences Centre where he was in a coma for 2 weeks.
Sequelae, Injuries and conditions list:
- The client experienced the sequelae of a Severe traumatic brain injury (TBI) including memory, attention, executive function, aggressive behaviors, disinhibition, and impulsivity. The client had very poor insight into the extent and nature of his injuries.
- Aggressive behaviors exhibited against his spouse and children. Relational difficulties followed requiring assistance from a social worker.
- Recovered relatively well from fractures, but significant pain in the rib cage persisted.
- Initially deemed non-CAT. At that time he received services from an OT, PT, and Aquatic Therapist. Due to lack of funding all therapy was stopped at 18 months post injury.
- Deemed CAT at 22 months. Resumed PT, OT, Aqua but due to work schedule unable to engage fully, resulting in frequent cancellations.
- Services included OT, PT, SLP, Psychologist. PT three times per week.
- Aquatherapy introduced at 8 months at once per week. PT reduced to once per week, Aqua increased to 2 to 3 times per week. The client made an excellent recovery
- In February 2016 the insurance provider refused to pay for the income replacement benefit, the client returned to work as a truck driver.
- Following the return to work he continued with aqua therapy once per week, physiotherapy and massage once per week. Unfortunately due to high physical demands of his job, the client’s physical status deteriorated.
- In the absence of therapy the client declined physically and psychologically. After reaching CAT determination the client resumed therapy, but continued working. He never returned to previously attained physical recovery. Continued to complain of emotional difficulties with depression and anxiety, memory problems, difficulty with making decisions, anger issues, daily headaches, pain in chest, neck, shoulders, knee, foot and lower back.
- Attendant care was granted during the first 3 months and then gradually removed.
- At 36 months the insurance began declining treatment. He was sent to a number of IEs where he was deemed fit to return to pre-accident employment and it was determined that he had reached maximum medical recovery.
Settlement or Judgment:
- Total 200 k spent
- Near the end of his treatment the client was receiving Aqua once per week, PT once per week, OT once per month and Case Management as needed. All treatment was eventually declined and the client settled his medical claim. The tort claim is ongoing.
- The client received an 800K settlement which was paid out as 100K lump sum and the rest was paid out in a structured settlement paid monthly until the age of 80.