In Meade v. Hussein, 2021 ONSC 7850, the plaintiff attempted to rely on a brain SPECT scan to demonstrate that she sustained a traumatic brain injury in a motor vehicle accident.
The defendant’s expert testified that the use of a brain SPECT to diagnose a traumatic brain injury is not supported by the academic community represented by the teaching hospitals in the Greater Toronto Area.
The plaintiff’s expert cited a number of journal articles which he said support the use of a brain SPECT to diagnose a traumatic brain injury. However, none of the articles addressed the issue of whether a brain SPECT can be used to distinguish a traumatic brain injury from depression or anxiety disorders.
Justice Bale held that the brain SPECT evidence was inadmissible as it failed to satisfy the reliable foundation test for novel scientific evidence.