In the context of motor vehicle accidents, Thoracic Outlet Syndrome (TOS) is typically caused by compression to the shoulder and collar bone area. This can cause damage to nerves, arteries, and veins that run through these spaces and into the arm. From my experience as a personal injury lawyer, clients typically report TOS having been caused by their over the shoulder seatbelt. In car accidents that involve sudden changes in motion, the seatbelt restrains the occupant, which causes the compression-type injury to the shoulder area.
I have had several clients report symptoms of TOS, which are characterized by numbness, pain, decreased mobility, and a lack of strength in the affected arm(s) and/or hand(s). This injury is particularly difficult to deal with for people with manual labour jobs. Although, even people with sedentary jobs that require a lot of reaching and computer work can be severely affected by these injuries.
The courts have recently affirmed that ” cases involving TOS occupy their own distinctive range of non-pecuniary damages”:
http://www.courts.gov.bc.ca/jdb-txt/SC/15/11/2015BCSC1123.htm
The substantial pain and suffering award in the above ruling indicates that the courts have accepted the disabling and long-term nature of TOS injuries. The plaintiff in that case worked as a real estate agent. She was not making a claim for wage losses, but was given an award for the effect TOS had on her overall lifestyle, which had previously included many physical activities, such as badminton, tennis, basketball, and bowling. Additionally, she was provided an award for past loss of housekeeping capacity.
