Halifax Personal Injury Lawyer Blog

Two years ago the province of Nova Scotia passed strict new rules for all-terrain vehicles (ATV's) supposedly to protect children from injury.

Rule Ban Children From Riding ATV's

The Off-highway Vehicles Act bans children under 14 from riding ATVs anywhere except on a closed course.

ATV's Pose Risk of Serious Injury to Children:
ATV's have become very popular in the last few years and as their use has increased, the number of serious injuires to children as a result of ATV accidents has sky-rocketed. There has been a call from medical professionals to ban children under age 16 from riding ATV's.

The Canadian Paediatric Society has stated that ATV drivers should be 16 or over, suggesting younger children are not developmentally ready to drive these vehicles.

There have been numerous reports in media about how dangerous ATV's are for young children. See for example: ATVs: Too Dangerous For Kids, Capital Health concerned about rise in ATV injuries

The Facts:

Sales of ATVs more than tripled between 1995 and 2003, rising from about 26,000 units to 94,000 units.

The Canadian Institute for Health Information reports the number of ATV-related hospitalizations increased by almost 50% in five years, from 1,693 in 1996/1997 to 2,535 in 2000/2001.

Children between the ages of 5 and 19 accounted for 36% of all ATV-related injuries.

Of the 92 ATV-related severe injury admissions in 2000/2001 where blood alcohol concentration was recorded, 26% tested positive.

Injuries from ATV-related activities are now the second most common cause of severe injuries in sports and recreation, after cycling.

Province Plans to Train 6 Year Olds to Ride ATV's:

Last week the province's Department of Health Promotion and Protection announced the government was spending $230,000.00 on 66 ATVs so that children as young as six could be trained to ride the vehicles.

Children's Hospital Says Plan May Increase Injuries:

Nova Scotia's Children's Hospital was critical of the plan. Dr. Robin Walker, vice-president of medicine at the IWK Health Centre, said that the training could actually lead to an increase in injuries:

"If this program leads to children more frequently operating ATVs because then their parents think that they're now trained to do so, this program could actually increase the number of children injured and killed," Walker said.

Premier Supports Plan:

Premier Rodney MacDonald supported the plan when it was announced last week. "If it's an investment in safety for our young people," he said at the time, "the government's willing to make it."

Premier Makes a U-Turn on ATV's:

But today Rodney MacDonald has decided he doesn't like the plan after all and he wants his money back. CBC news has reported that MacDonald is demanding the return of the $230,000.00 although he didn't have any details on how that was actually going to happen.

Leaving aside the debate about whether it was a good idea to use public money to train young children to ride ATV's (it wasn't!) the real question in my mind is whether children under the age of 16 should be driving ATV's AT ALL!

ATV's are a motor vehicle, just like a car or a motor cycle. Everyone accepts that one has to be mature enough to drive a car or motor cycle. Children cannot be licensed to drive motor vehicles until they are 16 and then there is a graduated license program to ensure that young drivers can gain the experience they need before getting an unrestricted license.

I have represented many families of children who have been seriously injured as a result of ATV accident's and I have come to the conclusion that children under age 16 simply should not be driving ATV's. Not on closed course. Not with training. NEVER.

What do you think?

Continue reading "ATV's Pose Serious Risks to Children: Premier does a U-Turn" »

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Posted In: Brain Injury , Child Injuries

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A diet supplement used by bodybuilders called 6-OXO and 1-AD can trigger seizures and blood clots in the brain that can lead to lasting disability according to a warning issued today by Health Canada.

Both 6-OXO and 1-AD are manufactured by ErgoPharm-Proviant Technologies and are popular among amateur and professional bodybuilders.

CTV news reports that Health Canada has received one report of a serious adverse event that has been linked to use of the supplements. According to the report, a man who had no known health problems suffered seizures and blood clots in his brain after using the supplements.

6-OXO is not approved for sale in Canada, but consumers can buy the supplement over the internet or while travelling in the United States.

1-AD contains an anabolic steroid. That means the supplement is a controlled substance in Canada and can only be purchased by prescription and is supposed to be used only under the supervision of a doctor.

If you are using either of these supplements, you should seek advice from a doctor immediately.

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Posted In: Brain Injury , Drug Injuries , Personal Injury , Product Liability

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On Monday I had the pleasure of golfing in the Brain Injury Association of Nova Scotia's annual charitable golf tournament.

The event went off without a hitch and I wanted to offer my congratulations to BIANS and their volunteers for making the day a great success.

As I mentioned in an earlier post, June is Brain Injury Awareness Month in Nova Scotia.

Brain Injury is one of the leading causes of injury and death in children. As our weather improves (finally) more children are going to be out riding their bikes, scooters and skateboards. Unfortunately, some of them are going to suffer a brain injury as a result of not wearing proper protective gear.

I am posting this public service announcement from the Virginia Emergency medical Services as a reminder for parents to ensure that your kids wear proper safety gear when they are out having fun.

Have a great...and safe...summer!

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Posted In: Brain Injury , Child Injuries , Personal Injury

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Hypothermia therapy, where patients with traumatic brain injury (TBI) are cooled to prevent brain swelling, has shown promise in helping adult survivors of TBI. See this article for example.

However, a study led by researchers at Toronto's Hospital for Sick Children have found that the practice may be dangerous for children with brain injuries.

The study, involved 225 children at 17 centres in Canada, France and the United Kingdom. There was no difference in how the patients in each group recovered neurologically.

However the study found more deaths among the children who had been cooled - 23 versus 14 in the group not treated using hypothermia.

Dr. Jamie Hutchison, director of critical care research at Sick Kids and one of the lead investigators in the study said:

"We were very surprised by these findings, since preliminary research in adults with traumatic brain injury had demonstrated the potential benefit of hypothermia therapy..."

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Posted In: Brain Injury , Child Injuries

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June is Brain Injury Awareness month in Nova Scotia!

Traumatic brain injury is the number one cause of injury and death among children in Canada.

This one of my favourite public service messages from the Brain Injury Association. I love the way it gets the message across with humour without losing the point.

For more information about brain injury check out the website of BIANS, the Brain Injury Association of Nova Scotia.

I will be taking part in BIANS's annual charity golf tournament on June 16 at Brightwood golf course. I hope to see you there!

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Posted In: Brain Injury , Child Injuries

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...since I have been preparing for a month long jury trial that starts next week on behalf of a client who suffered a minor traumatic brain injury (MTBI). I have found the more I prepare, the luckier I am.

MTBI claims are among the most difficult of personal injury claims to prove. By definition, imaging studies (MRI, CT scan, X-ray) are normal. Often there is no loss of consciousness and sometimes the victim has not even suffered a blow to the head.

The effects of MTBI are subtle. It can be difficult to convince a jury that someone who looks so "normal" has suffered a debilitating injury.

If you are looking for more information about MTBI claims, I highly recommend the Traumatic Brain Injury blog by my collegue Bruce Stern. You can take a look here.

You can also find more information at the Brain Injury Association of Canada.

If you are looking for a Halifax personal injury lawyer you can check out our website.

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Posted In: Brain Injury , Personal Injury

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Injury is the leading cause of death and disability among children and adolescents in
Canada. A new report from the Canadian Institute for Health Information indicates that the number of children injured each year in Canada has declined steadily over recent years.

The rate of child injury in 2005–2006 was 36.7 per 10,000 persons, compared to 40.6 per 10,000 persons, in 2001–2002.

The authors of report suggest that the decrease in pediatric injuries could be due to a variety of
factors, including:

Improved injury-prevention programs;
Changing practice patterns with changing hospital admission criteria;
Administrative changes; and
Legislation designed to target child safety concerns.

The leading cause of injury was unintentional falls (37%) with double the number of injuries of the second leading cause of injury, car accidents (18%).

It is perhaps not surprising that car accidents resulted in more serious injuries. The study reports that falls resulted in 24,433 hospital days with an average of 2.3 days required for treatment. Whereas car accidents resulted in 32,118 hospital days with an average hospital stay of 6 days required for treatment.

The leading cause of injury that resulted in death among children and adolescents under age 20 years was car accidents (55.5%).

While the trend towards fewer injuries is encouraging, more study is needed to identify the specific reasons for the decrease so that governments and hospitals can determine how to most effectively spend limited health care and trauma prevention dollars.

You can read the whole report here.

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Posted In: Brain Injury , Car Accidents , Child Injuries , Personal Injury

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Dave Irwin was one of the famous Crazy Canucks, the legendary Canadian Olympic ski team. He was one of the greatest skiers in Canadian history, and one of the fastest skiers in the world. Now he is a survivor of brain injury; the result of repeated concussions from some of his spectacular wipe outs during his downhill racing career.

I just watched the documentary Downhill Racer on CBC's Fifth Estate about Dave Irwin. It is a powerful story about Irwin's brain injury and his struggle for recovery.

If there is anyone who still doubts that concussions due to sports injuries can have catastrophic consequences, they need to watch this documentary.

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Posted In: Brain Injury

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A new Canadian study suggests depression is a physical outcome of "minor" head injuries like concussion.

In the past, coaches and athletes have considered having your "bell rung" (a concussion) to be a relatively minor injury that athletes need to "shake off" before returning to the game. The sports medicine study was conducted to determine the effects of concussion on elite or professional athletes.

The National Post reported that:

Using sophisticated MRI scans that track cerebral function in real time, the research by the Montreal Neurological Institute focused on elite-level athletes. The results, though, have "huge" implications for the general population, given the large number of people who suffer mild head injury, says Dr. Alain Ptito of the McGill University institute, the study's lead author

The Post reported that the study would have an impact on treating Canadian soldiers returning from Afghanistan.

However, I think the study will have a dramatic effect in helping personal injury lawyers who represent persons who have suffered head injuries.

The author of the report says:

The results could likely also be applied to the "epidemic" of Canadians who suffer mild head injuries in car accidents, workplace mishaps and the like, Dr. Ptito said.

In my practice representing victims of car accidents, I have had literally hundreds of clients who have suffered a concussion who subsequently develop disabling depression. In most cases, the insurance company hires a psychiatrist who prepares a report suggesting that the injured person's depression is due to pre-existing psychological issues or stress.

At least now we have a tool to prove that depression is actually caused by a physical injury!

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Posted In: Brain Injury

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