Hyde v. Witzke
On the balance of probabilities the plaintiff's persistent and sometimes severe headaches are attributable to the 2017 motor vehicle accident; the defence MOH hypothesis was not proven given weak clinical support for MOH caused by simple analgesics alone and the plaintiff's symptoms did not improve when he ceased analgesics; credibility concerns required caution in assessing evidence and reduced some quantum, but overall the plaintiff established liability and entitlement to damages totalling $540,156.59.
Source excerpt
- Causation
- Non-pecuniary damages
- Loss of earning capacity
- Future care
- Special damages
- Medication overuse headache