The Poirier v. Robichaud court decision was released by the New Brunswick Court of Queen’s Bench on February 8, 2007.

In the fall of 1999, 19 year-old Sonia Poirer, noticed a lump on the left side of her neck. She went to the outpatients department of the Campbellton Regional Hospital where she was diagnosed with a left-sided neck mass. At that time, it was not known whether the neck mass was malignant or benign as the medical investigation was not yet completed.

In March 2000, the neck mass seemed to be progressing rapidly and was causing pain. Ms. Poirier was referred to Dr. Ronald Robichaud, an otorhinolaryngologist. Dr. Robichaud diagnosed the neck mass as branchial cyst and recommended surgery. He explained that there was a risk that she would be left with a loss of sensation in her left earlobe following surgery given the presence of small nerves in the area near the mass, which nerves could be damaged during the removal of the mass. Ms. Poirier accepted this risk.

The surgery was performed on May 12, 2000, at the Doctor Georges L. Dumont Hospital in Moncton, New Brunswick. The surgery lasted more than four hours. Ms. Poirier was in the recovery room when her mother and aunt saw her for the first time following the surgery. They were very surprised by Ms. Poirier’s condition. Her face was swollen, her left eyelid drooped, she could barely open her mouth, an adhesive bandage secured her head to her left shoulder and she had a drain in her neck. She remained in the hospital for approximately 10 days.

For several months, Dr. Robichaud reassured Ms. Poirier and her family by telling them that everything was normal and that things would settle soon. However, her condition did not improve. After several months, nerve damage was noted at the left accessory nerve level. Sensory impulses were no longer being transmitted. Ultimately, it was discovered that Dr. Robichaud’s surgical procedure damaged the nerve root of the left accessory nerve, caused her to develop Horner’s syndrome and left her with sequelae in her face.

Ms. Poirer hired a medical malpractice lawyer and sued Dr. Robichaud for damages. A few days before trial, Dr. Robichaud admitted liability for medical malpractice. The court awarded Ms. Poirer the following damages:

• $423,976.90 – Future loss of earning capacity
• $9,922.88 – Past cost of care
• $43,902 – Future cost of care
• $19,297.30 – Future loss of housekeeping capacity
• $70,000 – General damages for pain and suffering

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