4.5Tussen partijen is in geschil welk letsel eisers hebben opgelopen als gevolg van het ongeval. Eisers hebben gesteld dat het letsel van [eiser sub 1] bestond uit een fractuur van de processus styloideus ulnae van de linker pols, waarvoor een splint werd voorgeschreven, en dat van [eiseres sub 2] uit een fractuur van de rechter clavicula en een
contusion of the sternumen
distortionvan de ruggengraat, wat ook heeft geleid tot paniek- en stressaanvallen. Deze stellingen hebben eisers onderbouwd met een tweetal brieven van hun huisarts in Wertheim, Duitsland, van 20 juli 2019, waarin onderscheidenlijk het volgende staat:
“(…) The first contact in our practice took place on January 7th, 2019 after our return from the christmas holidays. At that point of time [eiser sub 1] was suffering from severe pain in his left wrist which was still swollen and painful during examination. He received a prescription of Novaminsulfon 500 mg taken three to four times a day.
Straight after his return to Germany [eiser sub 1] had presented to the Accident&Emergency Department of the local Hospital, where a surgeon had diagnosed a fracture of the Processus styloideus unlae of the left wrist, which had been accommodated with a splint. In addition the patient had been prescribed pain tablets. Further documented diagnosis at that point of time had been distorsion of the right shoulder, distorsion of the left thumb as well as multiple further contusions and bruises.
In the following weeks the healing process was prolonged by persisting pain and limited joint mobility. [eiser sub 1] attended a local surgeon for control examination on January 2nd, 2019, January 17th, 2019 and February 6th, 2019. At that consulation an x-ray examination of the lower arm revealed a fracture of the distal ulna which was already in a state of consolidation. In the course of the treatment the splint was replaced by a bandage.
Treatments in our practice with control of the pain medication and the local symptoms took place on a fortnightly basis during the months of January, February, March and May. The patient remained unable to work until the end of March.
In the beginning of April [eiser sub 1] returned to his working place on a part time basis, extending the daily working hours slowly beginning with 2 later 4 and 6 hours, still under ongoing pain.
The last control at the surgeon […] in Triefenstein on June 3rd there was still pain in the wrist so the patient was transferred to the Department of handsurgery of the University Hospital of Würzburg. At that point [eiser sub 1] still had to take his pain medication (novaminsulfon) on a regular basis. (…)”
“(…) The first contact in our practice took place on January 7th after our return from the christmas holidays. At that point [eiseres sub 2] was suffering from severe pain in her right shoulder with punctum maximum in the area of the acromioclavicular joint, which was swollen and painful during examination. She received a prescription of Novaminsulfon 500 mg taken three to four times a day as wel as Ibuprofen 600 mg.
Straight after her return to Germany [eiseres sub 2] had presented to the Accident & Emergency Department of our local Hospital, where a surgeon had diagnosed a fracture of the lateral part of the clavicula, which had been accommodated by a glichrist bandage. In addition the patient had been prescribed pain tablets (ibuprofen and novaminsulfon). Further documented diagnoses at that point of time had been contusion of the sternum as well as distorsion of the cervical spine.
In the following weeks [eiseres sub 2] was suffering from ongoing heavy pain so she had to go on taking pain tablets on a regular basis. Moreover the patient developed a panic and anxiety disorder as a result of the traumatic accident, so she had to be transferred to a psychologist and started treatment on a regular basis. In addition she was prescribed an antidepressive drug/mirtazapin. With regard to flash-back experiences the psychiatrist suspects a posttraumatic stress disorder. The psychological state of the patient deteriorated further with two seizures, neurological and cardiological assessments didn’t show somatic causes, so these symptoms can also be put down to the immense psychological stress caused by the accident.
[eiseres sub 2] attended local orthopedic surgeons for control examinations on January 2nd, 2019, Januari 17th, 2019, January 31st, 2019, February 23rd, 2019, March 13th, 2019, and April 29th, 2019. In addition, because of ongoing heavy pain a MR-imaging of the right shoulder was taken on February 24th, which ruled out a damage of the muscular shoulder cuff.
Treatments in our practice with the control of the pain medication and the local symptoms took place on a fortnightly basis during the months of January, February, March and May. The patient remained unable to work until the end of April. In the beginning of May [eiseres sub 2] returned to his working place on a part time basis, extending the daily working hours slowly still under ongoing pain.
The last control examination at the orthopedic surgeon […] pain. The patient was still unable to sleep on her right side and reported pain when using her right arm carrying of lifting things in normal daylife. (…)”