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9 · OAKVILLE BEAVER Wednesday, July 8, 2009 Woman awarded $3.5M after Oakville hospital fall Lawyer says damage ruling could be a record By Iain Marlow TORSTAR NEWS SERVICE Do good, feel good! Donate & send a kid to Summer Camp. www.ymcaofoakville.com DO YOU OWN A BUSINESS? Are Your Business And Family Assets Protected In The Event Of A Lawsuit Or Bankuptcy? The Incorporators Will Build A Corporate And Personal Structure For You That Will Ensure Such A Situation Does Not Occur. A Mississauga woman has been awarded $3.5 million in damages for suffering through chronic pain that started when a hospital bed she sat on collapsed, tossing her to the ground. Alfred Kwinter, who argued the case for the plaintiffs, said he believes it's a record for a court award involving chronic pain. "I don't know another case of this size," said the personal injury lawyer. In 1999, Diane Degennaro was in Oakville-Trafalgar Memorial Hospital visiting her son Justin, then 2, who was suffering from flu symptoms, diarrhea and vomiting. She was to stay overnight with her young child, but when she sat on the end of the bed that a nurse had told her to use, it buckled and she went sprawling. "She fell heavily onto the floor, landing on her buttocks and lower back," Ontario Superior Court Judge Douglas Gray wrote in his ruling. "She felt excruciating pain; she thinks she blacked out, she was dizzy and saw stars." Gray ruled that the hospital had not warned her the bed would collapse and ruled in favour of the plaintiffs. Ever since, Degennaro has been afflicted by agonizing chronic pain. After the fall, she could not sit or get out of bed without hurting; she could not bike or hike. She sat on inflatable cushions, could barely work, and she and her husband had to attend marriage counselling sessions to soothe conflicts rooted in stress and anxiety from her constant pain. She was later diagnosed with fibromyalgia, a still-mysterious ailment that is a form of chronic and widespread pain. "Insurance companies love fighting fibromyalgia cases because they know how difficult it is to prove," said Kwinter. "They're very risky cases to take to trial. All you are going on are people saying they are in pain. There is no MRI or CAT-scans or Xrays you can look at. It's a syndrome that is still very misunderstood." The judge acknowledged that in his ruling, writing that some people may view chronic pain syndromes "with suspicion" because of the reliance on patients' subjective descriptions of the pain. However, Gray continued: "The existence of the syndrome has been recognized by reputable experts and has been the subject of litigation. The issues before me are whether its existence has been proven; whether the defendants have caused it; and what is the measure of the plaintiffs' damages." Kwinter said that with costs, the verdict is likely to cost the defendants ­ Oakville Trafalgar Memorial Hospital and Halton Healthcare Services ­ around $4 million. The Degennaros declined to speak when reached for comment. Why Should I Have `The Incorporators' Incorporate My Business? · Our rates are one-third to one-half that of our competition. · The Articles of Incorporation that we prepare for you will be designed in such a way as to provide you with maximum flexibility in your corporate and personal income tax planning. · We have been incorporating companies for almost twenty-six years. Who Should Incorporate? · Any business whose annual net profit is in excess of $20,000; · Any business which has a risk of being sued which in today's litigious society is just about everybody. Why Should I Incorporate My Business? 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Member of & SERVING SMALL AND HOME BASED BUSINESSES FOR ALMOST 26 YEARS CALL THE INCORPORATORS NOW FOR A FREE ASSESSMENT OF YOUR BUSINESS AND/OR PERSONAL SITUATION AT 905-469-8777 ADVISORY COMMITTED TO REDUCING THE INCOME TAXES THAT YOU PAY www.thetaxadvisory.ca THE TAX INCORPORATORSTM COMMITTED TO INCORPORATING YOUR COMPANY THE RIGHT WAY THE FIRST TIME www.theincorporators.ca THE ADVISORY COMMITTED TO MAKING YOUR BUSINESS A SUCCESS THE BUSINESS www.thebusinessadvisory.ca Vision ­ To be the most livable town in Canada NOTICE OF COMPLETE APPLICATION Proposed Plan of Condominium 3275 Stalybridge Drive, PLAN M1052 PT BLK 52 Bronte Creek Community Limited File: Z.1433.05, 24CDM-09002 The Town of Oakville has received a "complete application" by Bronte Creek Community Limited for a proposed plan of condominium. The purpose of this application is to create a common elements condominium consisting of 59 townhouse units on a common element roadway. The dwellings are currently under construction. The subject lands are located on the northwest corner of Stalybridge Drive and Colonel William Parkway. At this time there are no other applications, under the Act, pertaining to the subject lands. to the Town of Oakville, director of Planning Services in respect of the proposed plan of condominium before the approval authority gives or refuses to give approval to the draft plan of condominium: a) the person or public body is not entitled to appeal the decision of the Director of Planning Services to the Ontario Municipal Board; and b) the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the board, there are reasonable grounds to do so. If you wish to be notified of the decision of the director of Planning Services in respect of the proposed plan of condominium you must make a written request to the director of Planning Services at the Town of Oakville, Planning Services department, P.O. Box 310, 1225 Trafalgar Road, Oakville, ON L6J 5A6. a.m. and 4:30 p.m., Monday through Friday, or on the Town's website at www.oakville.ca. Questions or written submissions may be directed to Leigh Musson, Senior Planner, Planning Services department at 905-845-6601, ext. 3371 or lmusson@oakville.ca. The personal information accompanying your submission is being collected under the authority of the Planning Act and may form part of the public record which may be released to the public. Questions about this collection should be directed to the Records and Freedom of Information Officer at 905-815-6053. Dated at the Town of Oakville this 8th day of July, 2009. If a person or public body does not make oral submissions at The public may view planning documents and background a public meeting, if one is held, or make written submissions material at the Planning Services department between 8:30