When someone is physically injured as the result of a traumatic incident such as a fall or motor vehicle collision, their baseline health before that injury plays a significant role in the extent of their injuries and the complexity of their recovery. A lesser-known but not uncommon medical condition – Ehlers-Danlos Syndrome (EDS) – can play a particularly important role after trauma. EDS is actually a collection of inherited conditions that affect a person’s connective tissue, which provide strength and elasticity to the structures in the body such as skin, joints, ligaments and blood vessels[1]. Individuals with EDS can have weaker connective tissue, making them likely to experience more severe injuries after trauma and require longer, more extensive treatment. As a result, EDS can have a larger impact on a person’s insurance claim for injuries.
For example, a person with EDS who is suddenly knocked over by a large falling object can experience more than just bruising. They may have stretchy, fragile skin that makes closing an open wound much more challenging, such as when needing stitches. Bruises can be larger and slower to heal. The person may have hypermobile joints that may be forced to move far past their usual range of motion, leading to joint pain, sprains, and even dislocations. Chronic pain and fatigue are common in EDS patients after trauma to their body. While the usual form of EDS causes hypermobility, a more serious form of EDS, Vascular EDS, can weaken other internal structures in the body such as arteries, intestines, the uterus, and even the heart.
An injured person with EDS may have specific legal challenges when presenting a case for damages after an injury caused by another person’s negligence. Insurance companies can be quick to deny responsibility for such injuries by arguing that the EDS, not the traumatic accident, is what caused a person to require treatment. This perspective is inconsistent with what is known as the “eggshell plaintiff” rule in Washington state. This rule states that if someone is living with a pre-existing condition (such as EDS) that makes the person more likely to be injured, the person who caused the injury must take the victim as they find them, EDS and all, even if the EDS results in more treatment than with someone who does not have EDS.
Cases decided by the Washington State Supreme Court support the view that even if a person has a pre-existing condition, that person can still be fully compensated for their damages, regardless of the pre-existing condition. The real question is what the state of the underlying condition was at the time just before the victim was injured. If a person with EDS did not need treatment before an accident, did not have active symptoms caused by EDS before an accident, and was able to live with their well-managed EDS before being hurt, then the EDS is legally not the cause of that person’s injuries. In other words, if the accident or incident had never occurred, a person with EDS could have lived their life without the symptoms and treatment that only began after a traumatic injury. Even if an EDS patient was living with a small degree of restriction, such as soreness at the end of a work day, or needing occasional conservative treatment such as chiropractic care, the accident may have significantly worsened that patient’s pain, discomfort, range of motion, and overall ability to live their life independently. The patient would still have an insurance claim for the degree of significant worsening and changes brought about by the trauma. This highlights the need to continuously educate insurers regarding their overly narrow view on pre-existing conditions, which often misinterprets Washington state law.
At Adler Giersch, some of our clients who live with EDS did not know they had the right to file a claim for their injuries. They did not initially understand that they are not “damaged goods” in the eyes of the law, even if an insurance adjuster may have hinted at it. Many people live with some pre-existing health issue, and if such issues were all treated the same legally, no one would have the right to protect themselves, file a claim, and try to be made whole after suffering harm caused by another person. Such cases are rarely easy, but the satisfaction of holding someone accountable for causing harm to a victim already living with a challenging condition such as EDS is well worth the effort. Our clients benefit from the tenacious advocacy that our attorneys provide for them and their families.
If you’re not sure how your pre-existing conditions could affect your insurance claims, our attorneys are always available to talk with you. The attorneys of Adler Giersch are personally accessible to you and will provide helpful feedback to all of your questions. Simply call us at (206) 682-0300.
[1] Ehlers-Danlos syndrome – Symptoms and causes – Mayo Clinic
