Fibromyalgia
Attorney
(866) 735-1102 Ext 645
Tags:
None
Fibromyalgia is a medical condition which is the subject of increased litigation in the areas of personal injury and worker’s compensation. Another actively litigated medical condition is myofascial pain syndrome.
Fibromyalgia is a syndrome which involves muscle and joint pain that is triggered by an accident or repetitive motion or stress.
Those who have the condition say that it can be extremely disabling. However, doctors can’t agree on what causes fibromyalgia, how to diagnosis or treat the condition and some doctors question whether the condition really exist.
As a consequence, in litigation involving fibromyalgia, settlement is hard to achieve and a high number of these cases have to be fully litigated. These trials many times involve an “all or nothing” situation in which the claimant either recovers a significantly large award, or is given very little and in some cases nothing.
Fibromyalgia has become one of the primary diagnoses that rheumatologist make. The American College of Rheumatology has defined the criteria for diagnosing fibromyalgia as follows:
- Pain in at least 11 out of 18 “trigger points” when they are subjected to light pressure, and
- Complaints of wide spread pain for at least 3 months in most areas of the body, including both left and right sides and above and below the waist.
Fibromyalgia is frequently accompanied by stiffness, sleeplessness, depression and bowel irritation.
Fibromyalgia is diagnosed 10 times more often in women than in men. Female suffers often tend to be somewhat overweight.
Fibromyalgia patients have no signs of abnormal muscle tissue, such as inflammation. They also test normally for problems such as arthritis, thyroid disease and lupus.
Treatment for fibromyalgia can include acupuncture or injection of saline or sucrose into the tender points in addition to physical therapy, aerobic exercises, and low dose anti-depressants.
Some doctors disagree on whether fibromyalgia is caused by trauma although many doctors feel that fibromyalgia is associated with neck and spinal trauma.
Studies have shown that fibromyalgia occurs 13 times more frequently following neck trauma.
Other doctors believe that a common cause of fibromyalgia involves environmental factors such as exposure to cold associated with repetitive motion and stress. One doctor even claims that there is a link between fibromyalgia and Nutra-Sweet.
Some claim that the diagnosis of fibromyalgia is a scam or a “catch-all” diagnosis that doctors use when they can’t find anything else or otherwise can not determine the cause of the patient’s problems.
Because the symptoms of fibromyalgia are largely subjective (that is, the symptoms depend upon statements by the patient rather than observable signs such as broken bones, swelling, etc.) they may be difficult to prove in court. The creditability of the patient is the key to a successful verdict for the injured party.
Great care should be taken to obtain an accurate history of the disease from the patient and those who know the patient and can attest to their observations of the patient over a long period of time.
The fact that fibromyalgia cases are difficult to prove should not discourage you from making a claim. Our marvelous jury system provides a mechanism for accurately weighing the merits of these cases and, in meritorious cases, the fibromyalgia victim can be adequately compensated if the case is tried properly.