The variations in non-pecuniary damage awards for CES injuries should reflect the different consequences of the injuries sustained. CES injury can be divided into two parts, immediate and long-term effects. I conclude that most CES injuries lead to comparable and intense dysfunction and pain during the period that follows the injury, but that long-term deleterious effects can be quite variable. The facts of the various identified cases are quite diverse, and not easy to rationalize. I would expect that long-term medical effects such as catheterization would warrant higher awards; however, certain cases which involve very severe permanent medical effects, such as Duguay v. LeBaud, led to lower awards.
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