Finding Support After a Future Changed by a Routine Massage

By Roger Foisy on June 6th, 2024

At Foisy & Associates, we proudly call ourselves lawyers for the people, treating every client as a person first. With our guidance, we ensure they receive the care they need, and the designation required to support them through their injuries.

In our case stories series, we will be highlighting people we have helped over the years, sharing their experiences and how Foisy & Associates ensured they received the treatment and compensation they needed.

Meet “Fred”: A Dedicated Professional

Fred (name changed for privacy), a registered psychotherapist in his late fifties, spent decades helping others navigate their mental health challenges. Fred had just taken a bold step, leaving a healthcare clinic to start his own online practice. His dedication and passion for his work were evident in the success he had built over the years. With his new venture, Fred was excited to bring his expertise to a wider audience, providing virtual therapy sessions.

The Incident

During a quarterly massage session, Fred experienced a life-changing accident. While turning on the massage table, it collapsed, causing him to fall and hit his head on the floor. Immediately, Fred saw auras, felt nauseous, and developed a severe headache. The therapist, inadequately addressing the situation, suggested Fred sit in a chair and drink some water. Embarrassed and in pain, Fred decided to go home. His spouse insisted he visit the ER, where he was diagnosed with a concussion but was not given a CT scan or further examination, leaving him with few answers and a lingering headache.

The Aftermath: Fred’s Struggles

Fred’s symptoms persisted, including brain fog, headaches, vision issues, and concentration problems, severely impacting his ability to work. These symptoms began just days before his first sessions in his new practice, adding to his stress.

Fred’s daily life became a struggle. Simple tasks felt overwhelming, and his professional and personal life suffered. The ongoing symptoms led to anxiety and depression; conditions he had helped others manage throughout his career. Fred felt isolated and frustrated, unable to perform at the level he once did. Despite several attempts to continue his career, Fred was ultimately unable to do so.

Fred sought out help after an MRI showed no structural damage to his brain. He was still looking for answers and support. He was diagnosed with Post Concussion Syndrome (PCS), which affects the brain’s ability to regulate blood flow, causing symptoms like cognitive impairment, headaches, and dizziness without visible tissue damage.

Thankfully, he was at the tail end of his career and could turn to his retirement savings. However, this did not exclude him from deserving compensation for future income loss and pain and suffering.

Our Support and Fred’s Journey to Recovery

Six months after the incident, Fred sought help from Foisy & Associates. We explained how PCS works and guided him through the legal process.

Fred had been paying out-of-pocket for his treatment, as OHIP only covered his family doctor and psychiatrist. Our team worked with Fred to ensure he continued receiving the necessary therapies throughout his litigation, getting him access to occupational therapy, speech-language pathology, vision therapy, and support from a social worker.

We also connected Fred with an adult brain injury survivor group, so he had a community to turn to and knew he was not alone. These therapies and support systems were crucial in helping Fred manage his symptoms and regain some normalcy in his life.

Throughout the litigation process, we faced unbelievable defences from the at-fault therapist and clinic, who questioned whether the incident even occurred. Despite these defences, we fought for four years, securing a nearly half-a million dollar settlement to cover Fred’s pain and suffering, income loss, and extensive treatment needs. Our persistence and dedication to Fred’s case ensured that he received the justice and compensation he deserved.

Working with an Experienced Personal Injury Firm

Fred’s journey is a testament to the resilience of our clients and the dedication of Foisy & Associates. Despite the hardships he experienced, Fred received the care and support he needed to manage his PCS. Our commitment ensured he could focus on his recovery, knowing he was not alone in his struggle. Fred’s story highlights the importance of comprehensive legal and medical support in overcoming the challenges posed by traumatic injuries.


If you or someone you love has been denied accident benefits by your automobile insurance provider, we encourage you to contact us for a free consultation. Foisy & Associates is a team with extensive experience in handling complex personal injury and long-term disability cases and are lawyers for the people who fight to receive maximum dollars for their clients.

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