Ex-UBC prof suing gas fireplace firm over CO poisoning
A gas fireplace that allegedly was improperly installed is at the centre of a tragic legal case involving a former University of B.C. brain expert and his illustrator wife who claim they have suffered brain damage as a result of carbon-monoxide poisoning.
Dr. John Pinel, a retired psychology professor, and his wife, Maggie Edwards, allege their problems began in November 2008 after they moved back into the upper floor of their Vancouver home following renovations and the reinstallation of the fireplace.
They say in 2009 they developed symptoms, including headaches, loss of balance, loss of concentration, inability to complete simple tasks, nausea and fatigue.
In early January 2010, they say they suffered from vicious headaches, nausea and loss of equilibrium, according to their lawsuit filed in B.C. Supreme Court.
They complained about their symptoms to Terasen Gas, their gas supplier, and were told to leave the residence immediately, the suit states. A Terasen Gas technician visited the home, turned off the gas supply and labelled the fireplace as hazardous, the lawsuit states.
The couple’s lawyers are arguing carbon-monoxide poisoning from the leaking fireplace caused them to suffer brain injuries.
“Their relationship has been affected as they are now short-tempered with each other, and misunderstand one another a lot,” an opening statement filed by the plaintiffs’ lawyer states.
The couple’s difficulties were compounded Tuesday, when Pinel collapsed in the bathroom of the home, paralyzed on his left side. The trial, which began last week and included three days of testimony from Pinel, was suspended after he was taken to Vancouver General Hospital.
Doctors discovered he suffered a rupture of the aorta, the large blood vessel branching off from the heart, his son Gregory Pinel said Wednesday.
The dad had two surgeries at VGH and is fairing OK, his son said, but is expected to remain in intensive care for a week.
“The adjournment is until this coming Tuesday, but I don’t think he’s going to be able to participate by then,” said Gregory Pinel, 48, who runs a non-profit in New York that helps to improve underserved kids’ opportunities in sport and education. “I don’t know. I guess it’s too early to tell.”
The son said with the type of surgery his father had, there’s a 20-per-cent chance of dying in the first 30 days and a 10-per-cent chance of having a stroke.
“It affects you to some degree for the rest of your life when it comes to physical exercise, certain types of activities you can do.”
In their suit, the couple claim the defendants breached their duty of care and were negligent in regards to the fireplace. They’re seeking general and special damages, and court costs.
In a response filed to the civil claim, the defendants — Parkinson’s Heating Ltd. and Kenorah Construction and Design Ltd. — admit that in January 2010 it was discovered the fireplace was not properly connected to a vent, but deny any wrongdoing.
“The defendants deny that the faulty connection between the fireplace and the vent resulted in the release of carbon monoxide into the plaintiffs’ house at harmful levels and/or for a sufficient duration to cause harm. The defendants expressly deny that the plaintiffs have sustained any loss or damage as a result of the alleged carbon-monoxide exposure as alleged or at all.”
Parkinson’s is a residential heating company that sells, installs and services heating products. Kenorah constructs and renovates homes.
Carbon monoxide, a colourless, tasteless and odourless gas, can kill at extremely high levels of exposure. At lower levels, people can suffer from headaches, malaise, dizziness, fatigue, muscle aches and confusion.
Pinel, who retired from UBC in June 2008, is the author of more than 200 scientific papers and has written numerous textbooks over his career on neuropsychology, including the textbook Biopsychology, which he considers his major career-related accomplishment.
“It ties together everything that I love about my job: students, teaching, writing and research,” Pinel said of Biopsychology, in his biography on Amazon.
His wife, Maggie, an artist and technical writer, provided the illustrations in Biopsychology, which according to their lawyers has generated revenues of between $100,000 and $250,000 a year.