Dr. Philip Baer

The plaintiff brought a medical malpractice action against her rheumatologist, alleging he breached the standard of care by misdiagnosing her with gout, failing to perform a joint aspiration, and prescribing Allopurinol without informed consent, which led to her developing Stevens-Johnson Syndrome.

The court dismissed the action, finding that the defendant met the standard of care of a reasonable community rheumatologist in diagnosing gout clinically and prescribing Allopurinol.

The court also found that informed consent was obtained and that the plaintiff failed to prove causation, as expert evidence established she had a genetic predisposition making the adverse reaction inevitable regardless of the starting dose.

The applicant was injured in a motor vehicle accident and received weekly income replacement benefits until the insurer terminated them at the 156-week mark.

The insurer argued the applicant could return to work in a suitable occupation, such as a millwright foreman.

The arbitrator found that the applicant had developed a chronic pain syndrome as a result of the accident, which caused fluctuating symptoms, fatigue, and poor endurance.

Applying the post-156 week test, the arbitrator concluded that the applicant's condition continuously prevented him from engaging in any occupation or employment for which he was reasonably suited, including part-time sedentary work.

The insurer was ordered to pay ongoing weekly income replacement benefits and interest.