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Posted On: June 30, 2011

Nova Scotia Brain Injury Claims: New Blood Test May Help Brain Injury Victims

A recent article in Internal Medicine News reports that researchers at Orlando (Fla.) Regional Medical Center has identified a protien that they say accurately distinguishes between mild and moderate traumatic brain injury. If the research is validated it may lead to a blood test that can help health care providers accurately identify when patients have suffered a brain injury and require further treatment.

Current Testing Problematic

Most emergency medical responders use the Glasgow Coma Scale (GCS) to assess patients with head injury. The problem is that the GCS test can be influenced by alcohol or drugs, some prescription medication, other injuries, or hypoperfusion. The test was never designed to be used as an emergency department tool.

Brain Protein

In the Orlando study, researchers tested Glial Fibrillary Acidic Protein (GFAP) is found in glial cells and is specific to the central nervous system. GFAP is found in both gray and white brain matter and has recently been identified in serum, which means that it could be used as a clinical biomarker in blood tests.

Simple Test

These findings could turn out to be a significant advance in the treatment of persons with traumatic brain injury. The tests could also be valuable to brain injury lawyers. In most cases of mild traumatic brain injury there is little or no evidence that the injured person suffered any trauma to their head. Often the Glasgow Coma Test results taken at the scene of the car crash or injury are normal.

A simple blood test that can accurately identify the presence or absence of traumatic brain injury would be invaluable to those of us that represent brain injury survivors. I will be following this research with interest.

Continue reading " Nova Scotia Brain Injury Claims: New Blood Test May Help Brain Injury Victims " »

Posted by John McKiggan | | Email This Post

Posted In: Brain Injury

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Posted On: June 27, 2011

Hot Coffee: The Truth About the MacDonald's Coffee Case

When people I meet for the first time find out I am a personal injury lawyer almost invariably the conversation ends up with them mentioning the lady who spilled hot coffee on herself and sued McDonald's for $3 million.

Unfortunately there is a stunning lack of public understanding about the real facts of the McDonald's coffee case. That misunderstanding is fueled by corporate interests who want the public to belive that there is a "problem" with people being able to recover compensation for their injuires.

The insurance industry wants to increase it's profits by limiting access to justice and the rights of innocent victims to receive full and fair compensation for their injuries.

Tonight HBO Canada is airing the documentary HOT COFFEE which examines the dangers of so-called “tort reform” and its threat to our justice system.

The documentary uses the now-infamous legal battle over a spilled cup of McDonald’s coffee as a springboard, the film follows four people, including McDonald’s plaintiff Stella Liebeck, whose lives have been affected by their inability to access the courts, and examines the role of corporations and the media in promoting “tort reform.”

The movie is airing here in the Maritimes on HBO Canada at 9pm. It's well worth watching.

Posted by John McKiggan | | Email This Post

Posted In: Burn Injuries , Insurance Claims , Personal Injury , Product Liability

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Posted On: June 10, 2011

New Brunswick Car Accident Claims - Did Auto Insurers Make "Enormous" Profits By Overcharging Consumers in N.B.?

I noticed this report today and I thought I would pass it along.

New Brunswick's Insurance Board is holding hearings investigating whether Pembridge Insurance - owned by All State Insurance, has overcharged consumers.

Paula Elliot, an actuary hired by the province to review rates charged by the insurance company, suggested Pembridge made enormous profits in New Brunswick between 2004 and 2008 and would make too much again last year unless its rates are reduced by at least 3.6 per cent and a rebate offered on the difference.

Michael Hines, a lawyer with the Department of the Attorney General, argued that Pembridge overcharged New Brunswick consumers last year by overstating expenses and understating income in filings with the board.

It is no surprise that Pembridge executives deny that they have done anything wrong.

What do you think? Are consumers in N.B. (or anywhere else) being overcharged by insurance companies?

More Information:

2nd auto insurance company accused of overcharging

Public Hearings on New Brunswick's Minor Injury Cap

New Brunswick Consumers For Insurance Fairness

Posted by John McKiggan | | Email This Post

Posted In: Car Accidents , Insurance Claims , Minor Injury Cap

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Posted On: June 9, 2011

Child Safety: Sunny Days and Kids in Cars

Yesterday was the first sunny day we have had in what seems like months. I actually had to roll the windows down in my car driving home it was so hot.

By coincidence, Kids and Cars sent me a public service announcement yesterday reminding car owners of the dangers of leaving children unattended in cars.

So that's probably why this story Child in car on hot day: What was mom thinking? caught my attention today. Fortunately the child in this story wasn't hurt. But things could easily have turned out differently. Tragically so.

Through May 31 this year 8 children had already died in the United States from heat stroke in vehicles – close to the record-setting pace of 2010 when 49 infants and children died. Unfortunately there are no comparable statistics here in Canada because there is no one tracking this sort of vital information.

“It’s a record no one wants to see broken,” says Janette Fennell, founder and president of KidsAndCars.org, a nonprofit child safety organization working to prevent injuries and deaths of children in and around motor vehicles.



Heat More Dangerous to Children

A child’s body temperature climbs three to five times faster than an adult’s, especially in a hot car. In less than 30 minutes, the temperature inside a car can increase 35 degrees. An infant can die in as little as 15 minutes even on a pleasant 20 - degree day.

To prevent heat stroke deaths, Kids And Cars.org recommends learning the following mnemonic to help prevent heat stroke deaths: Be Safe


Back seat – Put something in the back seat so you have to open the door when leaving the vehicle – cell phone, employee badge, handbag, etc.

Every child should be correctly restrained in the back seat.


Stuffed animal – Move it from the car seat to the front seat to remind you when your baby is in the back seat.

Ask your child-care provider to call you within 10 minutes if your child hasn’t arrived on time.

Focus on driving – Avoid cell phone calls and texting while driving.

Every time you park your vehicle open the back door to make sure no one has been left behind.

I have met Janette and she is a passionate advocate for child safety. In fact, I was so impressed with the work, she and her organization have done that Arnold Pizzo McKiggan has partnered with Kids and Cars to create Kids and Cars Canada. If you would like more information, or want to know how you can help, feel free to contact us.

Posted by John McKiggan | | Email This Post | Comments (1)

Posted In: Child Injuries , Child Safety , Kids and Cars Canada

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Posted On: June 3, 2011

Nova Scotia Car Accident Claims - Insurance Review Recommends Improvements to NS System

The consultant hired to conduct a review of Nova Scotia's auto insurance system has recommended improvements to help benefit consumers.

The Atlantic Provinces Trial Lawyers Association was asked to sit on the Board that reviewed the insurance legislation: McKiggan Appointed to Provincial Insurance Review Committee

My colleague Ray Wagner and I proposed a number of improvements to Nova Scotia's insurance scheme that have been adopted and recommended to the government for implementation.

Some of the key recommendations include:

Creating an optional insurance coverage that consumers can purchase that would allow them to fully recover for their injuries ("full tort" insurance coverage)
Increasing the amount available to injured persons for medical and rehabilitation expenses from $25,000.00 to $50,000.00.
Increasing death benefits for the head of a household to $25,000 from $10,000.00
Treatment protocols which would speed access to treatment doctors, physiotherapists and chiropractors.
Requiring insurance companies pay treatment providers directly rather than the current system that requires accident victims to pay first and get reimbursed later

It remains to be seen which, if any, of the recommendations will be adopted by the government. But Graham Steele, the finance minister in charge of the review, has stated his support for the review process and the recommendations.

Here's a link to the Auto Insurance Review Final Report.

Posted by John McKiggan | | Email This Post

Posted In: Insurance Claims , Minor Injury Cap , Personal Injury

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Posted On: June 1, 2011

New Cycling Safety Rules in Effect Today Designed to Reduce Nova Scotia Bicycle Accidents

Today new legislation comes into effect to promote the safety of cyclists in Nova Scotia.

The law includes specific requirements for both drivers and cyclists including:
one_metre_logo_sm.jpg


Car drivers must leave at least one metre of space when passing a cyclist;

Motorists are allowed to cross a solid yellow line when necessary to pass a cyclist, as long as it is safe to do so.

Cyclists must ride single file, except when passing another cyclist.

Cyclists must ride on the right side of the road.


Here is a link to the provinces summary of the new safety rules.

Posted by John McKiggan | | Email This Post

Posted In: Bicycle safety , Child Injuries

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Posted On: June 1, 2011

Child Safety: N.S. to reduce speed limits in school zones - Kids and Cars Canada

The Department of Transportation has announced plans to introduce legislation this fall to reduce speed limits in school zones from 50 km/h to 30 km/h.

The goal of the new limits is to protect students and make roads safer.

Bill Estabrooks, Minister of Transportation and Infrastructure Renewal stated:

"As a former teacher and principal, I know first hand that road safety is not always at the top of a student's mind...This reduction in speed could give a driver the extra split second needed to save a life."

Alberta, British Columbia, and New Brunswick already have a 30 km/h limit in school zones as do many U.S. states.

Three years ago I posted Slow Down and Save a Childs Life! where I called for a reduction in the speed limit in school zones. As a personal injury lawyer I have represented many injured children who have suffered serious injuries as a result of car - pedestrian accidents. I congratulate the government on this move to help improve child safety in our province.

"Speed matters," said Pamela Fuselli, executive director at Safe Kids Canada. "It's estimated that a pedestrian struck by a car travelling at 50 kilometres an hour is eight times more likely to be killed than someone hit at 30 kilometres an hour."

A press relase from the Department of Transportation indicates the legislation is expected to be ready this fall.


Posted by John McKiggan | | Email This Post

Posted In: Car Accidents , Child Injuries , Fatal Injury Claims , Kids and Cars Canada , Personal Injury

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