The Law Zone: FM & ME/CFS Legal Research

The FM & ME/CFS Legal Research initiative:
Objective: To help more patients and lawyers win their cases.
Objective: To advance case law.
Objective: To lower patients' legal costs.

Strategy:
Identify information that lawyers will find helpful
Involve Pro Bono students at law schools across Canada
Find lawyer volunteers to oversee the students
Conduct case-by-case research of FM & ME/CFS cases
Organise and share the research freely with patients
Lower legal research and preparation costs.

What this legal research is, and isn't:
There are many aspects of the cases not being measured.
FM & ME/CFS cases have been reviewed to record a variety of facts and opinions.
This comparative data can help lawyers better see what works and what does not.
The research is to be used in tandem with access to the full text of the cases.

The Law Zone, FM-CFS.ca

http://fm-cfs.ca/law/Legal-Index.html

FM & ME/CFS online Question and Answers

Canadian FM & ME/CFS Researchers, Clinicians, Lawyers, and Patients are kindly donating their time to answer questions from patients and health practitioners.

One's person's question may lead to answers for many!

The sessions are not live sessions with immediate responses, but rather the expert receives your question and responds during their free time. Answers are often posted the next day, but sometimes take longer. All the answers are archived for your convenience.

Visit the Question and Answer forum at : http://fm-cfs.ca/QA-Central.html

Due to law and good medical practice, none of the guest experts will answer specific questions about a particular medical or legal case.

Supreme Court renders decision in Fidler v. Sun Life

Connie Fidler v. Sun Life Assurance Company of Canada

Case number: 30464

The financial outcome: The $20,000 award of the lower court for mental distress endured over five years of disruption to Fidler's insurance was maintained, but the $100,000 punitive damages award was set aside.

"I'm thrilled with what the Supreme Court of Canada did in terms of clarifying the law on damages for mental distress. I think the decision is very significant in holding that in disability cases, mental distress arising from breach of contract alone will be recognized and will attract compensation. Importantly, no limit was set on the amount of compensation.

The court's approach to punitive damages showed a heavy reliance on the trial judge's findings. The legal standard remains on a sound footing - the insurer must "assess the merits of the claim in a balanced and reasonable manner. It must not deny coverage or delay payment in order to take advantage of the insured's economic vulnerability... A decision to refuse payment should be based on a reasonable interpretation of its obligations under the policy." The case leaves open a claim for punitive damages where these requirements have been seriously violated. "

Faith E. Hayman
Trial & Appellate Lawyer
Emailed comment to FM-CFS Canada

"The five-year denial by Sun Life of disability benefits without medical support for denial is, to say the least, inappropriate," Chief Justice Beverley McLachlin and Madam Justice Rosalie Abella wrote for an 8-0 majority.

"Supreme Court says it was ‘extremely troubling' that Sun Life lacked medical evidence in its claims that she was faking symptoms."

"The Court's reasoning removed a legal hurdle plaintiffs face in bearing out a claim of mental distress, making it easier to successfully sue in future breach of contract cases."
Source: Globe and Mail, 30, June, 2006

The June 29th Decision:
http://scc.lexum.umontreal.ca/en/2006/2006scc30/2006scc30.html

Comment
FM-CFS Canada attended the Supreme Court hearing to observe. Sun Life had considerably more lawyers in attendance, with two volunteer lawyers serving Connie Fidler: Faith Hayman and Joseph J. Arvay, Q.C..

Podcast: FM diagnosis/treatment - Dr. Russell

Dr. I. Jon Russell, considered one of the world's leading Fibromyalgia experts, and a principal author of the well-respected Diagnosis and Treatment Protocols published in 2004, donated a podcast of a two-hour presentation.

FM-CFS Canada recorded the presentation at a MESH Awareness Day event in Ottawa, Ontario, Canada, on May 21st, 2006.

Click here for the presentation.
The topic is the diagnosis and treatment of Fibromyalgia, with the latest news.

I. Jon Russell, MD, PhD
Associate Professor of Medicine, University of Texas Health Science Center; Director, University Clinical Research Center, San Antonio, Texas
Founding Assistant Editor [1993-2002]: Barbara Runnels, MEd
Department of Medicine, The University of Texas Health Science Center, San Antonio, Texas