News HSH congratulates Mr. James R. Howie on recently being named one of Canada's Top 100 Lawyers in Personal Injury by the National Post. |
Another Med-Mal Victory for HSH Tait et al. v. Syed [2006] O.J. No. 4479 On May 15, 2006, Howard R. Blitstein commenced a 2-week medical malpractice trial in St. Catharines on behalf of the plaintiffs, Mr. and Mrs. Tait, and their 9-year-old daughter. On July 21, 1998, the plaintiff underwent what should have been a minor corrective procedure of a prior surgical removal of a growth on his body. The procedure would have allowed for a local anesthetic, however, the defendant decided to proceed with a spinal block under a false assumption, exposing the plaintiff to an increased risk of complications from the anesthetic. As a result of the spinal block, the plaintiff sustained an injury to his spinal cord. He suffers from permanent neurological impairments that include urinary incontinence, fecal incontinence and impotence. Justice Walters held that the defendant was negligent in making the decision to perform the spinal block at all. Justice Walters also held that the defendant was negligent in continuing to inject anesthetic when the plaintiff complained of pain. He held that the plaintiff's permanent impairments affected him and his family in all aspects of their lives, and awareded non-pecuniary general damages at $200,000.00. With regard to the Family Law Act claims, Justice Walters awarded damages in the amount of $50,000.00 for the plaintiff's wife and $25,000.00 for his daughter. Given the plaintiff's co-morbid conditions and the effect that they had on his employability prior to the negligence, Justice Walters awarded a total of $100,000.00 for past and future income loss. The defendant originally appealed the decision, but later decided to withdraw the Appeal and the judgment was paid with interest. For further information, please contact Howard Blitstein. Click here to view Howard Blitstein's biography and contact information.
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Events The 2nd Annual Personal Injury Bar Charity Hockey Challenge, organized by Michael J. Henry of Howie, Sacks & Henry LLP, was a resounding success, raising over $18,000.00 for Shoot For A Cure and spinal research. See photos of this event by |
