You have probably seen the ads recently on television
discussing medications used to treat fibromyalgia. Public awareness of the disease has increased
over the last decade. Initially regarded
as a “garbage can” diagnosis, the medical community has begun to recognize it
not only as a real disease, but one with often devastating consequences. Additionally, much debate has now centered on
whether fibromyalgia can be caused by the trauma sustained in a car accident. What is fibromyalgia? Can injuries sustained in a car accident cause or aggravate the
condition? Can the trauma involved in a car accident “flip the switch” for
someone who is predisposed to developing fibromyalgia, but was asymptomatic
prior to the car accident?
I recently litigated and settled a case at mediation where a
car accident caused the onset of
fibromyalgia in a middle-aged female.
She initially complained of an injury to her neck as a result of the car accident, but began to develop
symptoms of fibromyalgia within a few months after the car accident. Not
surprisingly, the insurance company hired experts who claimed the woman was
faking or exaggerating her symptoms for some financial or emotional
benefit. That is a typical defense in a
case where the alleged injury is a chronic pain syndrome such as fibromyalgia
or complex regional pain syndrome (CRPS).
Fortunately, after many depositions and a vigorous battle, the case
settled at mediation for $595,000. This
was the largest settlement for a fibromyalgia case ever reported outside of
Cook County.
What is Fibromyalgia?
Fibromyalgia is a musculoskeletal disorder characterized by
widespread musculoskeletal pain. While
there are many symptoms that have been affiliated with the disease, the
classical symptoms aside from pain include: severe and chronic fatigue, sleep
deprivation, memory loss, depression, and restless leg syndrome. Although a disease which predominantly
affects women, men can and do acquire the disorder.
People with fibromyalgia are often described as having increased
sensitivity to pain. For a person who
reports pain that is 3 out of 10 on a 10 scale, the person with fibromyalgia
may experience pain that rates at an 8 or higher. Indeed, persons who suffer from fibromyalgia
have increased sensitivity to all sensory inputs. What one may perceive as a strong odor can
overwhelm someone with fibromyalgia.
There is no easily administered diagnostic test which can
confirm or rule out a diagnosis of fibromyalgia. As a result, people with fibromyalgia often
encounter persons unsympathetic to their plight because they do not understand
what causes their pain. Thus, the
disease damages not only the body, but also the psyche.
Can a Car
Accident cause Fibromyalgia?
Now that the diagnosis of fibromyalgia has gained acceptance
in the medical community, the new controversial question has to do with what
causes the disorder. Specifically, one
of the leading questions currently surrounding the disorder is whether a car accident can cause a person to
develop fibromyalgia? While many doctors
and reputable organizations (i.e. Mayo Clinic) agree that it can, insurance
companies and defense firms have spent significant money and resources trying
to prove the opposite conclusion.
Of significance for fibromyalgia patients was one study
conducted in 2002 which revealed a significant association between fibromyalgia
and physical trauma (i.e. car accident)
sustained in the 6 months before the onset of fibromyalgia symptoms. Another study found that a person who
sustained a neck injury in an accident
was 13 times more likely to develop fibromyalgia than a person who sustained a
lower extremity injury. Remember the
case that was discussed in the beginning of this article? The woman’s initial injury was to her neck.
What often gets confusing is when the discussion turns to
whether a car accident caused
fibromyalgia versus whether a car
accident made the disease symptomatic.
Fortunately for people in Illinois, the distinction does not
matter. As long as the car accident is a cause in the
development of fibromyalgia, an injured person is entitled to damages for
relating to the condition which resulted from the car accident. This is
significant because people affected by fibromyalgia often undergo many years of
treatment and are often confronted with substantial medical bills.
If you were involved in a car accident and developed the
onset of a chronic pain syndrome such as fibromyalgia, you may be overlooking
an obvious cause of your symptoms.
Contact a personal injury attorney
for a free consultation to determine if you have any legal right to be
compensated for your injuries. Not only
is it important to obtain treatment from doctors who specialize in fibromyalgia
and other pain syndromes such as complex regional pain syndrome, but also to
hire a lawyer who specializes in this
unique area of the law.
How do you feel about fibromyalgia gaining general
acceptance as a legitimate condition in the medical community? Have you or anyone you know been diagnosed
with fibromyalgia? How do people react
to your diagnosis? Your questions and
comments are welcome.
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