3rd March 2016
Marcus Grant (instructed by Phillip Cohen of Brian Barr Solicitors) appeared for the Claimant in an action arising out of a car accident.
The Claimant, then a 39-year-old Account Manager, sustained soft tissue ‘whiplash’ type injuries in a head-on car crash. The pain from his soft tissue injuries disturbed his sleep which in turn resulted in the nature of his pain progressing into a more diffuse aching to the muscles in the four quadrants of his body coupled with profound fatigue and cognitive impairment. The cluster of symptoms was described by the diagnostic label of fibromyalgia. He was unable to remain in his role as an Account Manager and opted for less intensive work as a part time Mindfulness Counsellor. The Defendant contested causation contending that by reason of prior vulnerability to anxiety, pre-existing ankylosing spondylitis and ulcerative colitis that either he already had fibromyalgia before the accident, or alternatively he would have developed an equivalent chronic pain condition irrespective of any intervening traumatic event. The Defendant contended for a more optimistic prognosis for recovery than the Claimant. The case settled through negotiation.