Wilson v Beck - 2011 ONSC 1789

November 10, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Wilson v. Beck - 2011 ONSC 1789

Ontario Superior Court of Justice

Heard Before: J.N. Morissette J.
Date of Decision: July 8, 2011

DAMAGES: Fatal injuries, Claim by estate; Third party claims; Loss of companionship or consortium; Loss of income; Housekeeping service

This Court's task was to apportion liability if any between the settling and non-settling defendants.

Background:

In this case a 34-year-old man started to become ill on December 27th, 2003. He had three opportunities with health care professionals between December 29th, 2003 and January 1st, 2004. On January 5th, 2004, Ken was admitted into hospital in dire, life-threatening circumstances and he died on January 9th, 2004.

Mr. Wilson had infective endocarditis is a bacterial infection of the inner lining of the heart primarily affecting the valves. It occurs in two to eight per 100,000 people per year. The symptoms of endocarditis generally start within two weeks of the precipitating event. With staph aureus, the onset is often acute with high fever. Cardiac murmurs are almost always present except early in acute endocarditis. Infective endocarditis is a difficult disorder to diagnose early. However, this disorder is well known to all physicians. Between 20 to 40% of patients with infective endocarditis die within two weeks of its onset, which means that 60% to 80% survive.

Upon review of the medical records it became clear there was negligence and malpractice on the part of the hospital and medical practitioners. This was a case where a there was a series of errors of judgment, while individually not actionable but which were made cumulatively resulting in a finding of negligence. Once the malpractice case had been established the loss of dependency claim became a key concern.  Mr. Wilson had a claim for loss of contribution financially and for handyman services of deceased husband, but she remarried. The settlement considers a comparison between what the past spouse contributed and what the new spouse is capable of contributing.  

Result:

1. Action by deceased's family for medical malpractice damages allowed in par
2. 34-year-old deceased had wife, who had since remarried, and three young children -- Non-pecuniary damages awarded $85,000 to wife, $65,000 to each child and $65,000 to extended family -- $10,000 for counselling and $15,276 for funeral
3. Wife's husband supported children but not handy around house $78,743 for past loss of financial support and $50,983 past loss of household services plus $28,442 lost household services from remarriage to trial, $204,388 in future and $10,219 management fee

Damages reduced 25 per cent given morbidity rate of infectious endocartitis -- Total damages $557,289.

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