Halifax Personal Injury Lawyer Blog

Darrel Dexter’s NDP Government pledged to remove the unfair $2,500.00 cap on compensation for motor vehicle accident victims who have suffered a “minor injury”.

Constitutional Challenge Unsuccessful

A constitutional challenge was filed against the legislation arguing that the cap of $2,500.00 for persons who have supposedly suffered a minor injury was contrary to the Charter of Rights and Freedoms. The constitutional challenge failed at both the trial level and the Nova Scotia Court of Appeal. Leave to appeal to the Supreme Court of Canada has been filed.

Requesting Public Feedback

Now the NDP Government has released a position paper requesting input from the public. The minor injury cap was introduced because insurance companies claimed they were losing money on automobile insurance claims.

However, evidence presented to the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal confirms the insurance industry was making record profits at the time the minor injury cap legislation was introduced.

Is the Cap Fair?

So what do you think? Is the cap of $2,500.00 for pain and suffering for persons who have suffered an injury in a motor vehicle accident fair?

Your comments can be sent to:

The Office of the Superintendent of Insurance
PO Box 2271
4th Floor
Provincial Finance Building
1723 Hollis Street
Halifax, NS B3J 3C8

Submissions must be received by February 15, 2010.

Please contact the Premier to voice your support for the government’s plan to repeal the minor injury cap. You can contact his office here or

Telephone: 902-424-6600
Fax: 902-424-7648
Toll-free Message Line: 1-800-267-1993
E-mail Address: premier@gov.ns.ca
Address:
Office of the Premier
PO Box 726
Halifax, Nova Scotia
B3J 2T3.

Further Reading

Court of Appeal Confirms Minor Injury Cap - NDP to Repeal Cap Law

Benefits of “Minor Injury” Cap Legislation does not Justify Discrimination

Nova Scotia Personal Injury Claims: “Minor Injury” Compensation Cap Constitutional

Continue reading "NDP Requests Public Input Regarding “Minor Injury” Compensation Cap" »

Defence Lawyers on Facebook

Everybody seems to be interested in Facebook, Twitter and all the other social media networks these days. That includes lawyers who represent insurance companies. There have been a series of cases across Canada where lawyers for insurance companies have demanded production of plaintiffs' Facebook pages in order to use the information against the plaintiff.

Depressed Victim Looked Too Happy

In a recent case in Quebec, Nathalie Blanchard was on disability for depression. She had her benefits terminated because her insurance company, Manulife found pictures on her Facebook page where she was smiling and looking like she was having a good time. In other words, she didn’t look depressed so the insurance company cut off her benefits.

Blanchard is now suing Manulife to reinstate her disability benefits.

In New Brunswick the Court of The Queens Bench recently ordered a plaintiff to produce the contents of her Facebook page to the lawyers representing the defendant’s insurance company.

Online Information Must be Disclosed?

Court rules in each province require the parties to disclose any information they have that may be relevant to the matters at issue in litigation. This now includes any electronic information in possession of the parties. While this commonly refers to things like e-mail or digital documents, the courts have been extending the reach of this disclosure obligation to include online information.

In Leduc v. Roman the Ontario Court required the plaintiff to produce information from a “private” Facebook account. The judge in that decision stated:

“It is now incumbent on a party’s counsel to explain to the client, in appropriate cases, that documents posted on a party’s facebook profile may be relevant to the allegations made in the pleading.”

Facebook May Be Used For Cross Examination

In a recent case in Newfoundland, Terry v. Mullowney, the lawyer for the defendants used excerpts from the plaintiff’s facebook page to cross examine the plaintiff about his social life.

The judge commented on the use of this information:

“While not getting into the details of the excepts, they convince me that Mr. Terry (at least in the few months prior to his testimony in court) recorded on facebook had a rather full and active social life…I find it incredible that Mr. Terry’s social life miraculously improved in the few months he was communicating on facebook and that for the remainder of the time from 2001 to 2007 he essentially had little or no social life. Without this evidence I would have been left with a very different impression of Mr. Terry’s social life.”

Disclosure Obligations Extend Online

So in the future you can expect parties in litigation to demand complete disclosure of Facebook pages, Linkedin profiles, Twitter accounts and public Blogs. In short, any information that you post online can and may be used against you. Beware.

Continue reading "Facebook Being Used Against Personal Injury Victims" »

I noticed an interesting story in the latest newsletter from the Brain Injury Association of Canada

Hockey Helmets Mandatory for All Skaters

Dalhousie's Memorial Arena is introducing a new rule that comes into effect January 1, 2010 that will require all skaters to wear CSA-approved hockey helmets during all skating sessions held at Dalhousie.

Skating More Dangerous than Bicycling or Skateboarding

Under Nova Scotia's Motor Vehicle Act, wearing a helmet is mandatory for biclists, skateboarders and in-line skaters. But there is no law that requires skaters to wear helmets.

But studies have shown that ice skating produces three times more head injuries than cycling, skateboarding or inline skating.

Ice skating is particularly dangerous because when a person loses his or her balance on ice, there is often impact of the head directly on the hard surface.

Helmets Just "Common Sense"

Dr. David B. Clarke, is a Dalhousie professor and one of the leading neurosurgeons in the province. he was quoted as saying:

“Wearing a helmet while skating in order to protect your brain is supported by research and also just makes common sense. We want people to enjoy this wonderful activity and, at the same time, we want people to protect their brains. I am delighted that Dalhousie is taking a leadership role on this issue...”

Kathie Wheadon-Hore, Senior Manager, Facility Operations for Dalhousie’s Department of Athletics and Recreational Services said:

“We have to do this. Even if this helps save one person, if it helps save one of our students, then it’s worth it in my opinion.”

I suspect the rule change may be unpopular with the students and public that use Memorial Arena. But as a Brain Injury Lawyer, I have seen first hand the devastating effects that brain injuries can have and I applaud Dalhousie for it's progressive approach to head injury prevention.

So what do you think? Is the helmet rule a good idea?

Continue reading "Mandatory Helmets for Recreational Ice Skaters: Brain Injury Prevention" »

Head Injury Seminar

Hockey Canada is conducting its 2009 concussion seminar in Regina this week. The seminar, being staged jointly by Hockey Canada and the Dr. Tom Pashby Sports Safety Fund invites hockey player, parents, team managers, therapists, coaches and trainers, physicians and other medical professionals to receive up to date information on the diagnosis, treatment and return to play protocol for players who suffer from a concussion.

Concussions a Problem in Hockey

Former NHL defenseman Jammie Heward was attending the seminar. Heward estimates that he may have had more than 20 concussions during his amateur and professional hockey career.

But:

“The pressure to get back on the ice as quick as you possibly can is so incredible. I don’t mean its pressure from management and trainers; I mean its pressure from the players themselves.”

Players Lie to Play

Heward actually admits that some players will even lie to their trainers and team physicians because they don’t want to be taken out of the lineup.

NFL Acknowleges Brain Injury a Problem

The National Football League is also beginning to recognize the huge problems that concussions pose to professional football players.

Pittsburg Stealers receiver, Hines Ward created a uproar recently when he slagged quarterback, Ben Roethlisberger, for sitting out after suffering a concussion which resulted in Pittsburg loosing in overtime to the Ravens.

Public Service Announcements

My colleague Bruce Stern has posted on the Traumatic Brain Injury Law blog that the NFL in now conducting public service announcements on the danger of concussions and how to recognize the signs and symptoms of concussion.

Dangers in Amateur Sport
I have posted before about the dangers of a concussion in amateur sports.

Ban Fighting in Hockey to Prevent Brain Injuries – Deaths: Expert Panel

NHL, Parents Need to be Aware of Brain Injury from Concussion

In Canada hockey is our national sport, in the United States football carries the same tradition.

More Education Needed

But it is clear that athletes, both amateur and professional, are not being properly educated about the dangers of brain injury caused by repeated concussion.

For more information about concussion and brain injury you can check out my website or contact me to receive a free copy of my book, The Survivor’s Guide to Brain Injury Claims.

The Discovery Process

One of the most important steps in any personally injury claim is the oral discovery. If you file a lawsuit for compensation for personal injuries you will be required to testify about your knowledge of the event that lead to the lawsuit and your knowledge of the injuries that you have suffered.

In other words; what happened? How badly were you injured? How have the injuries effected your life?

A discovery is basically a question and answer session where you swear (or affirm) to tell the truth. The question and answer session is recorded by a court reporter who will type up a transcript of all the questions and answers. That transcript can be used later in court.

Since more than 90% of civil lawsuits settle before trial, the oral discovery is probably the most important step in the litigation process. As the name implies, the discovery process allows each side to “discover” all there is to know about the other side’s case. Each side gets a better understanding of the strengths and weaknesses of their claim and their opponents claim. They are able to judge how the plaintiff and defendant will appear if they have to testify in court.

In short, the discovery process provides a “dry run” for how the witness will testify at trial.

Before your discovery your lawyer will meet with you to prepare you for the discovery. I have prepared a report for all of my clients who are getting ready for discovery so that they can read it at their leisure and we can discuss any questions that they have. If you would like a copy, feel free to contact me through this blog.

Continue reading "What is a “Discovery”? Halifax Personal Injury Lawyer Explains" »

Parental Waivers Not Worth the Paper They Are Printed On?

In what appears to be the first ruling of its kind in Canada, the British Columbia Supreme Court has ruled that parents cannot waive their children's rights to sue for negligence when the child is injured as a result of participating in recreational or sports activities.

In Wong v. Lock's Martial Arts Centre Inc, Justice Willcock held that British Columbia's Infants Act:

"Does not permit a parent or guardian to bind an infant to an agreement waiving the infant's right to bring an action in damages in tort"

The plaintiff, Victor Wong was 16 years old when he broke his arm participating in a martial arts sparing match organized by the defendant martial arts club.

Parent Waivers are Commonplace

Any parent who has had a child participate in minor hockey, basketball, football, martial arts, gymnastics and so on has probably signed a parental waiver. Typically the waivers are broadly worded and release the defendants from any cause of action whatsoever.

Recreational and Sports Organizations Will Have to Be Careful

I am not aware of any equivalent case law in Nova Scotia and this case appears to be the first of its kind in Canada. What it means for the future is that organizations that hold recreational or sports activities will need to be more vigilant to ensure that they are not negligent in the way they organize their activities.

What do you think? Have you ever signed one of those waivers? Ever read it? Perhaps you should next time.

Brain Injury Myth Debunked Again

It is a common myth of traumatic brain injury that you need to strike your head in order to suffer a brain injury.

For example, read my previous post, Traumatic Brain Injury Claims: Myth #2 You Have to Hit Your head to Suffer a Brain Injury

It is now commonly accepted (by everyone except insurance companies) that acceleration/deceleration trauma, like the forces scene in a severe whiplash case, can cause brain injury.

Blast Waves Can Cause Brain Injury

Researchers at the University of Rochester have discovered that non-lethal blast waves can create enough pressure on the skull to create damaging blows to the brain, even without a direct head impact.

Most Brain Injury Due to Trauma

Most traumatic brain injury results from direct physical trauma to the head/brain and can cause severe and permanently disabling injuries.

Blast Waves Similar to Physical Trauma

Recent research performed on behalf of the American military shows that concussive blast waves can cause damage similar to physical trauma. Researchers used three dimensional simulations to prove that blast waves cause the skull to flex which produce mechanical forces on the brain similar to those in physical impacts from automobile accidents. One of the researchers, Eric Blackman said that the research was important because:

“By comparing the effects of blasts on the head with the effect of head impacts we will be able to make some sense of the distinct mechanisms of injury, the damage a solder might incur and how a helmet might be designed to minimize both.”

This research isn't just important to members of the military. It is relevant to anyone in the construction industry whose work involves blasting. It may assist in workers compensation claims for persons who suffer a brain injury as a result of being exposed to shock waves from concussive blasting.

Continue reading "Blast Waves Can Cause Brain Injury Without Blow to the Head " »

Gel Encourages Growth of Brain Tissue

Bio engineers at Clemson University have created a gel made up of both synthetic and natural materials that they say has the ability to help brain tissues grow at the site of a traumatic brain injury.

Ning Zhang presented her findings on September 2, 2009 at the Military Research Forum, a conference focused on improving the health of members of the armed forces.

Zhang said that:

“These results that we are seeing in adult lab rats are the first of its kind and show a sustained functional recovery in the animal model of TBI (traumatic brain injury). It also represents one of very few in the traumatic brain injury field that attempts structural repair of the lesion cavity using a tissue-engineering approach”

Previous attempts to treat traumatic brain injury have been focused on using hypothermia or drugs and have met with limited success. In this procedure the gel is injected at the site of the brain injury in order to encourage stem cells in the brain to regenerate normal brain tissue.

It is a long way from rats to humans, but this research offers hope to persons who have suffered a traumatic brain injury.

You can read more about the study here.

Continue reading "Traumatic Brain Injuries May be Cured by Injectable Gel " »

The Supreme Court of Nova Scotia recently released the decision of the Estate of Theresa Anne Jollimore v. The Personal Insurance Company of Canada. The decision of Justice Coady involves a case where a minor (Jollimore) suffered a serious brain injury when the car in which she was a passenger was involved in a car accident.

Father Acts as Litigation Guardian

Because she was a minor, Ms. Jollimore’s father was appointed by the court as her litigation guardian to act on her behalf to bring forward her compensation claim.

Claim Settled

The defendant’s insurance company, The Personal Insurance Company of Canada appointed counsel and the parties engaged in mediation where they settled Ms. Jollimore’s claim for $235,000.00

Claimant Dies Before Payment

However, after the parties negotiated the settlement and signed a settlement agreement, Ms. Jollimore passed away from a drug overdose.

Insurance Company Tries to Back Out of Settlement

The insurance company took the position that because Ms. Jollimore died before they issued a cheque, the settlement was not binding. The insurance company also argued that since Ms. Jollimore had reached the age of majority (19 years) she was no longer a minor and therefore her father no longer had the authority to act as her litigation guardian to negotiate the settlement.

Insurer Knew Claimant Was Brain Injured

Justice Coady reviewed the evidence which clearly indicated that all of the parties were aware that Ms. Jollimore was not a minor at the time the settlement was negotiated. The parties were also clearly aware that Ms. Jollimore’s serious brain injuries rendered her incompetent and that she was not capable of managing her own affairs.

Insurer "Taking Advantage" of Claimant's Death

Justice Coady stated, at paragraph 26 of his decision:

“I have a great deal of difficultly with the respondent’s (insurance company) position. It is clear that the settlement was arrived at in good faith after the respondent was provided with all relevant information. The respondent was fully apprised of the risks associated with Ms. Jollimore’s lifestyle and health. The settlement figure reflected these factors. The respondent’s unwillingness to honor the agreement is predicated on taking advantage of Ms. Jollimore’s unfortunate demise.”

Protecting the Rights of People Who Cannot Protect Themselves

Justice Coady went on to point out the importance of trying to protect the interest of persons who have been injured and are no longer able to look after their own affairs. Justice Coady stated:

“It should not be forgotten that at the time of the settlement Ms. Jollimore was incompetent … I conclude that the settlement is binding on the parties.”

Moral Obligation May Not be a Legal Obligation

This decision reinforces the importance of insuring that, at every step of the litigation process all of the proper requirements under the court rules and appropriate provincial laws have been complied with. While most people understand that “a deal is a deal” this type of moral obligation means nothing to an insurance company like The Personal which tried to take advantage of a technicality under Nova Scotia rules of court in order to renege on their obligations to a grieving family.

Continue reading "Claimant Dies After Settling Claim – Insurance Company Tries to Back Out of Deal" »

Microscopic Injuries

Mild traumatic brain injury is an injury to the tissues of the brain that happens at the microscopic level. Typically the axons of the brain are sheared or damaged so that they can no longer properly transmit impulses throughout the brain.

Common Diagnostic Tools

The most common diagnostic tool used to detect injury or damage to the soft tissues of the body is the CT scan. A CT scan, sometimes called a CAT scan, is a non-invasive scan that combines special x-ray equipment with computer technology to produce images of the inside of the body. The CT scan produces “slices” or cross sectional images of the area that is being scanned which can then be examined or interpreted on a computer monitor.

A magnetic resonance imaging (MRI) scan is a more sensitive test to detect damage or injury to the soft tissues of the body.

Detects Macroscopic Injuries

Unfortunately, both CT and MRI scans can only detect macroscopic injuries. In other words, injuries that can be seen by the naked eye.

What that means, is that the two most common diagnostic tools used by doctors to detect brain injury are not sensitive enough to actually detect the microscopic effects of mild traumatic brain injury!

In the textbook Neuropsychiatry of Traumatic Brain Injury, the authors state:

“Many patients with a history of “minor” brain injury will not have abnormalities on their MRI, yet can manifest clear evidence of functional impairment on neuropsychological measures.”

“Absence of proof is not proof of absence”.

In other words, just because you can’t see any evidence of brain injury on a CT scan or MRI scan, does not mean that the injury isn’t there.

I have had many clients whose mild traumatic brain injury were missed by emergency room personnel or their family doctors because a proper medical history wasn't taken or because they simply didn’t pay close enough attention to the symptoms of brain injury that their patient was exhibiting or complaining of during their examination.

In my view, the only way to conclusively rule out the possibility of a mild traumatic brain injury is through a comprehensive neuropsychological examination in order to determine whether or not the person is exhibiting any cognitive deficits which may have been caused by a traumatic brain injury.

Continue reading "Traumatic Brain Injury Myth #3: A Normal MRI or CT Scan Means No Brain Injury" »

2 Important Questions

There are two questions that almost every single client asks me during our first meeting. They are questions that I think every person who has suffered a personal injury should ask their lawyer before they decide to hire them.

The two questions are:

1. How long will this take?

2. How much will I get?

How Long Will This Take?

The golden rule of any personal injury claim is that you should never settle your claim until your injuries have completely resolved or until you know the full extent of any future residual disability that you may be left with as a result of your injuries. In other words, don’t settle your claim until you know how your injuries are going to affect you in the future.

It is often very difficult to tell, shortly after an accident, how long a person’s injury will last. It is usually impossible to tell what kind of long term residual problems they will have as a result of their injuries.

That means it is difficult if not impossible to determine how long it will take you to recover, how long it will take your doctors to provide a medical-legal opinion as to what your future limitations will be, what affect it will have on your future employment, what, if any, future rehabilitative or medical treatment you will require.

It is also impossible to say, in the early stages of a lawsuit how long it will take to complete document disclosure, complete discoveries of the parties, and get a trial date from the court.

While most experienced personal lawyers will be able to tell how long it takes to resolve a typical injury claim, your claim may not be “typical”. Every personal injury claim is unique and the best course of action depends on the particular facts of each individual case.

If a lawyer tells you in your first meeting exactly how long it is going to take before your claim is settled or how long it will be before you get to trial, ask them to put it in writing. Then you may want to consider talking to another lawyer.

How Much Will I Get?

The amount of compensation you will be entitled to receive for non-pecuniary damages (what is typically referred to as compensation for “pain and suffering”) depends a great deal on how long it takes you to recover from your injuries.

As I have explained above, it often takes months, sometimes years, for doctors to determine what the full extent of a patient’s injuries are and what the long term affects will be. That means it will take time to determine the full extent of the compensation you are entitled to receive for your non-pecuniary damages.

You are also entitled to recover compensation for things like loss of housekeeping capacity, loss of income, medical expenses and any other out of pocket expense you may have suffered as a result of your injuries.

In short, it will usually take a great deal of time and investigation to determine the full value of your claim.

If a lawyer tells you in your first meeting: "your claim is worth millions", ask him or her to put it in writing. When they won't, you may want to consider talking to an experienced personal injury lawyer.

Continue reading "2 Questions To Ask Before You Hire a Personal Injury Lawyer" »

Landmark Ruling Regarding Loss of Housekeeping Capacity

In the 1991 decision of the Saskatchewan Court of Appeal in Fobel v. Dean, the court confirmed that loss of housekeeping capacity has value and an injured plaintiff is entitled to be compensated for the loss of that capacity.

Nova Scotia Confirms Claims for Loss of Housekeeping

In 1998, Nova Scotia Court of Appeal confirmed that the loss of housekeeping capacity is a separate and distinct head of pecuniary damages and must be compensated for accordingly. In Carter v. Anderson, Justice Roscoe stated:

“Future loss of capacity, where proved, should be compensated separately, whether or not replacement help has been paid in the past … the partial or total loss of that ability has economic value which should be recognized.”

Groundbreaking Decision in Ontario

The National Post has reported on a recent "groundbreaking" decision by the Ontario Court of Appeal that helps to provide some clarity. In McIntyre v. Docherty the Court of Appeal stated that in order:

"...to avoid this kind of confusion in future cases where different scenarios of housekeeping losses arise, it will be helpful if the jury can be specifically instructed regarding the type of loss at issue and the evidence in support of that loss."

Three Types of Housekeeping Losses

The court goes on to classify three different types of housekeeping losses.

Pre-trial: Work Left Undone

Justice Susan E. Lang for the Court of Appeal:

"Where the injured plaintiff is unable to perform some or all housekeeping tasks, and where a third party [i.e. a housekeeper] does not do the work in the injured person's stead, work will be left undone...In that situation, the injured plaintiff will experience two sorts of intangible losses compensable in an award of non-pecuniary [i.e. general] damages."

Pre-trial: Work Can Be Done, But with Difficulty/Pain

"A plaintiff may continue to undertake housekeeping but may experience pain or difficulty in doing so…He or she may be required to work more hours post-accident to accomplish the same amount of pre-accident housekeeping. If a plaintiff thus works 'inefficiently,' he or his non-pecuniary award would be increased to reflect any increased pain and suffering."

Pre-Trial: Work Done by Third Parties

"The law is well-established that where a plaintiff incurs a pre-trial, out-of-pocket loss by hiring a replacement homemaker, the plaintiff may claim the reasonable replacement costs of that homemaker as special [i.e. pecuniary] damages."

The decision of the Ontario Court of Appeal is reasonable and, for the most part, mirrors the approach taken by most judges in the Nova Scotia courts. However, this decision is the first one that I have seen that clearly explains how to appropriately calculate different types of loss of housekeeping capacity.

Continue reading "Ontario Court of Appeal Tries to Bring Clarity to Calculating Loss of Housekeeping Claims" »

Last week I had the pleasure of golfing in the Brain Injury Association of Nova Scotia's 18th annual 18 Holes for Hope Golf tournament.

Brain Injury Awareness Month

The tournament is one of BIANS's major fundraisers and I was happy to be part of the organizing committee.The tournament is held in June every year as part of Brain Injury Awareness month.

BIANS: Helping Survivors and Their Families

Over the past 20 years, BIANS has helped provide a community of support for survivors of brain injury by bringing together brain injury survivors, family members and health professionals.

BIANS has established a chapter network at the grassroots community-level to provide support and information to survivors and their families.

BIANS is a source of information about the effects of brain injury and has worked to increase injury prevention and awareness of brain injury.

BIANS established Aiseirigh House (now operated by the Moving In New Directions Society) a residential assisted living facility for brain injury survivors, and the Inroads Program; a community-based program for survivors which teaches cognitive skills and strategies in a combination of one-on-one tutoring, workshops/classroom and social settings.

Living With Brain Injury

I have dedicated my career to helping persons with serious injuries receive fair compensation. To get some idea of the effects, and extraordinary needs of brain injury survivors, take a look at this lecture about living with a traumatic brain injury.

How to Make a Donation

If you want to help support BIANS you can make a donation here.

Continue reading "June is Brain Injury Awareness Month" »

The American Academy of Pediatrics (AAP) wants doctors to stop using the term “shaken baby syndrome”.

Shaken Baby Syndrome is a diagnosis used to describe injury to the brain, skull and the spine of infants who have suffered severe shaking.

The AAP has recommended using the term: “Abusive Head Trauma”. This diagnostic term more accurately reflects the nature of the injuries suffered by infants. The term also more accurately conveys the nature of the injury. Shaking an infant can cause bruising, swelling and bleeding to the brain which, according to the National Institute of Health:

“...can lead to permanent, severe brain damage or death.”

The fact remains that many members of the public do not realize that it is possible to suffer a brain injury without striking your head. That is one of the brain injury “myths” that I dispel in my article “8 Myths of Traumatic Brain Injury”.

For more information about traumatic brain injury claims, you can contact me to receive a free copy of my book: The Survivor’s Guide to Traumatic Brain Injury Claims: How to Prove the Invisible Injury.

Technorati Profile

Continue reading "Doctors Call for New Name for “Shaken Baby Syndrome”: Halifax Brain Injury Lawyer Explains" »

As a member of the Board of the Halifax Chapter of the Brain Injury Association of Nova Scotia, I would like to extend an invitation to brain injury survivors, their family members and caregivers to attend the BIANS (Halifax Chapter) annual meeting.

When: Wednesday, April 22 at 7:00 pm

Where: Room 1613 A and B, Veterans Memorial Building

Why: The meeting will start with a chapter-wide plenary session focusing
on Head On meetings and fundraising ideas. After the plenary session attendees are welcome to stay for a Head On meeting in 1613A and a Caregivers/Family Members meeting in 1613B.

More Information

For more information please contact Bev Butler
Phone: 473-6472 or e-mail: DrBevButler@gmail.com

Continue reading "Brain Injury Association of Nova Scotia (Halifax Chapter) Annual Meeting" »

One of the challenges that I face as a Nova Scotia personal injury lawyer is explaining to people who have been seriously injured how much compensation they are entitled to receive.

Pain and Suffering

One of the heads of damages that the court will consider when awarding compensation is what lawyers refer to as “non-pecuniary damages”. Most people refer to this type of damages as “pain and suffering”.

How Do Courts Calculate “Pain and Suffering”?

There is no such thing as a “Pain-O-Meter”. An injured victim cannot be hooked up to a machine that prints out the financial value of their pain. What a judge does when determining compensation for pain and suffering is use his or her experience and discretion to consider how the injury has affected the victim’s ability to function and how the injury has effected the person's enjoyment of life.

In other words, how have your injuries affected your normal day to day activates; your ability to work; and your normal amenities of life?

Financial Awards in Canada Different than the United States

Many of my clients have read news stories from the United States where injured victims have been awarded millions of dollars (sometimes tens of millions of dollars) for their “pain and suffering” from catastrophic injuries. Unfortunately, those types of damage awards cannot happen in Canada.

Supreme Court of Canada Caps Pain and Suffering Awards

The Supreme Court of Canada has placed a cap on the amount of compensation that injured victims are entitled to receive for non-pecuniary damages for pain and suffering.

In 1978, in a case known as Teno v. Arnold, the Supreme Court of Canada created a barrier to recovery for innocent victims who have been injured as a result of someone else’s negligence. In the Teno case, the Supreme Court ruled that no matter how seriously injured you are the maximum compensation that you can receive for your “pain and suffering” is $100,000.00.

Maximum Award for Pain and Suffering

Taking inflation into account, the cap on pain and suffering awards is currently considered to be slightly more than $300,000.00. But that maximum amount is only paid to the most catastrophically injured victims (quadriplegic, paraplegic, severe brain damage and similar injuries).

Even when plaintiff’s receive damage awards that seem large, they often never see the full amount decided by the judge or jury. Many awards are drastically reduced on appeal. These reduced or vacated judgments are seldom reported by the media.

If you are considering a claim for compensation for pain and suffering it is important to have an experienced Nova Scotia personal injury lawyer assisting you to ensure that you provide all of the relevant information that the courts will consider when assessing your non-pecuniary damages claim for pain and suffering.

Continue reading "Nova Scotia Personal Injury Claims: How Much Is My “Pain and Suffering” Worth?" »

New Guidelines to Diagnose Mild Brain Injury

The American College of Emergency Physicians has established new guidelines to be used in diagnosing mild traumatic brain injury.

Serious but Undiagnosed Injury

Mild traumatic brain injury has to be one of the most serious, yet undiagnosed health problems in Canada. Unfortunately, the general public has little understanding of what mild traumatic brain injury is and the problem is compounded by a poor understanding by some health professional about the criteria for what constitutes a brain injury.

Each year approximately 700 Nova Scotians suffer a traumatic brain injury. There are up to 5,000 - 6,000 serious car accidents in Nova Scotia and P.E.I. each year. Given the violent nature of car crashes, many of these people will suffer a mild traumatic brain injury, although they may never be diagnosed by a health professional.

No One Knows the Real Numbers!

In their release announcing the new guidelines, the College of Emergency Physicians states:

“The real incidents of traumatic brain injury are unknown since many patients who sustain an injury never seek medical care.”

I fully support any initiative that makes it easier for health professionals to determine when a patient has suffered a brain injury. But more effort needs to be placed on educating the public about the causes, and symptoms, of mild traumatic brain injury.

Thanks to Bruce Stern at the Traumatic Brain Injury Law Blog for bringing the guidelines to my attention.

Related Posts:

Ban Fighting in Hockey to Prevent Brain Injuries – Deaths: Expert Panel

NHL Hockey Stars - Doctors team up to study concussion/brain injuries

Traumatic Brain Injury: Myth # 1 - You have to be knocked out to suffer a brain injury

Traumatic Brain Injury Claims: Myth #2 You Have to Hit Your head to Suffer a Brain Injury

What is a Mild Traumatic Brain Injury?

Continue reading "Brain Injury Claims: New Guidelines to Diagnose Mild Traumatic Brain Injury" »

Justice Walter Goodfellow has released the second part of his decision in Hartling v. Nova Scotia (Attorney General).

"Minor Injury" Cap Isn't Unconstitutional

As I explained in a previous post last month: “Minor Injury” Compensation Cap Constitutional, Justice Goodfellow determined that Nova Scotia’s legislation that places a cap of $2,500.00 on the compensation that innocent accident victims can receive for their pain and suffering does not violate the Canadian Charter of Rights and Freedoms.

Accident Victims Not Sterotyped or Discriminated Against

In his decision of January 12, 2009, Justice Goodfellow ruled that victims of minor physical injuries were not subject to stereotyping or discrimination. Therefore, the legislation did not violate Section 15 of the Charter, which prohibits discrimination on the basis of a physical characteristic.

Similarly, Justice Goodfellow found that the legislation did not discriminate on the basis of gender or mental disability.

Accident Victims Disappointed - Insurance Companies Happy

Justice Goodfellow’s decision disappointed advocates for accident victims who felt that the legislation was simply a transparent attempt to increase insurance company profits at the expense of innocent accident victims.

The Insurance Bureau of Canada was no doubt very happy about the decision.

However, Justice Goodfellow’s decision of February 9, 2009, is guaranteed to create some consternation amongst the insurance industry.

Is Discrimination Justified?

In his latest decision, Justice Goodfellow provided his views on whether the legislation would survive a Section 1 analysis under the Charter. If the Minor Injury legislation is discriminatory, Section 1 of the Charter can still save the legislation if the discriminatory limits are “justified in a free and democratic society”.

Justice Goodfellow began the second part of his decision by stating that he is certain that he is correct when he ruled that the Minor Injury legislation is not discriminatory. However, given the effort that was put into the hearing by all of the parties involved Goodfellow J. felt that it was appropriate to conduct the Section 1 analysis in case the Court of Appeal differs with his views as to whether the legislation is discriminatory.

Justice Goodfellow conducted an exhaustive review of the evidence submitted during the hearing with respect to the reasons why the legislation was created.

Insurance Industry Pleads Poverty While Profits Increase

Goodfellow J. paid considerable attention to the financial evidence that was presented at the hearing. At the time the Minor Injury cap was introduced, the insurance industry claimed that it was losing money on auto insurance, and needed the cap on personal injury claims to protect insurance profits (and to supposedly lower auto insurance premiums).

Justice Goodfellow determined that the evidence actually showed insurance industry claims costs were decreasing, and company profits were increasing, when the Minor Injury legislation was introduced. Goodfellow indicated that the insurance industry had not provided this financial information to the government when the $2,500 cap was put in place.

His Lordship did not go so far as to say that the insurance industry had mislead the government. (Perhaps the Tory government was just too trusting?)

Goodfellow J. considered the negative effects of the legislation on accident victims who’s claims have been capped.

Minor Injury Cap has Provided Considerable Benefits?

Finally, His Lordship reviewed the evidence with respect to the benefits of the legislation.

He concludes by saying:

“There is no doubt that there has been considerable benefit to the citizens of Nova Scotia in the passing of this legislation.”

Benefits Don't Justify Discrimination!

Justice Goodfellow concludes, at paragraph 108 of his decision:

“Clearly there was no intent in the legislation to cause stereotyping or marginalization. Stereotyping almost always carries a negative, demeaning message that those who are stereotyped are less worthy and possess traits that are not held by decent, law abiding citizens. If, however, it had been established such was a consequence of the legislation, then I conclude the benefits of the legislation fall short of justifying such stereotyping. Given the view I express about stereotyping I am unable to suggest what the Attorney General of Nova Scotia might otherwise have done to overcome the consequences of stereotyping.”

In other words, Justice Goodfellow is of the opinion that the legislation does not discriminate against accident victims. But if it does, the object of the legislation is not one that can be justified in a free and democratic society. Goodfellow’s comments appear to imply that, if the legislation is discriminatory, then there is nothing that can be done to justify the discrimination!

So there you have it, win one lose one. The province and the insurance industry come out ahead on the issue of whether the Minor Injury legislation is unconstitutional.

But Justice Goodfellow sides with injured accident victims on the issue of whether the benefits justify discriminating against accident victims.

No doubt the Court of Appeal will not just be hearing an appeal from the Plaintiffs. I am sure lawyers for the Insurance Bureau of Canada are already drafting their appeal factums.

Continue reading "Benefits of “Minor Injury” Cap Legislation does not Justify Discrimination" »

Concussion a Major Cause of Injury in Sport

Traumatic brain injury due to concussion is a leading cause of injury in hockey. An expert panel at the London Hockey Concussion Summit has called for the elimination of high hits and head hits and a total ban on fighting in hockey.

Fighting can Cause Long Term Injury or Death

The panel’s conclusions state:

“Fighting is one of the known causes of concussion, and may result in the related long term complications. Fighting can cause needless death”.

The summit’s chair, Dr. Paul Echlin, stressed that the various recommendations were designed to “serve as a framework for future discussion” and to promote awareness, prevention, recognition and management of concussion in hockey.

Danger Not Limited to Hockey

The danger of concussion is not limited to hockey alone. Football, soccer, basketball, almost any amateur or professional sport can subject a player to forces necessary to cause a concussion. Players, coaches and family members need to be educated about the signs and symptoms of concussion.

However, hockey appears to be the only sport where fighting is tolerated, even encouraged. Until this attitude changes hockey players are going to be needlessly and seriously injured for the edification of the sports "fans”.

Fans Oppose Eliminating Fighting

You can get an idea of the vigorous opposition to eliminating fighting in hockey by taking a look at the comments posted on the CTV News story that reported on the recommendations. More than half of the comments oppose eliminating fighting in hockey.

No doubt the fans who support fighting in hockey will continue to hold that opinion until they, or one of their loved ones, suffers a serious brain injury from being punched out during a hockey game.

What do you think? Should fighting in hockey be banned or is it a necessary part of the game?

Related posts:

NHL Hockey Stars - Doctors team up to study concussion/brain injuries

NHL, Parents Need to be Aware of Brain Injury from Concussion

Traumatic Brain Injury: Myth # 1 - You have to be knocked out to suffer a brain injury

Traumatic Brain Injury Claims: Myth #2 You Have to Hit Your head to Suffer a Brain Injury

What is a Mild Traumatic Brain Injury?

Continue reading "Ban Fighting in Hockey to Prevent Brain Injuries – Deaths: Expert Panel" »

Nova Scotia Limits Compensation For Injured Car Accident Victims

As I have explained in previous posts, Nova Scotia has legislation that places caps on the amount of compensation that persons injured in car accidents are entitled to receive for their injuries.

"Minor Injury" Cap Constitutional

The Nova Scotia Coalition Against No Fault Insurance filed a court challenge seeking to have the “minor injury” cap declared unconstitutional. On Tuesday, Justice Walter Goodfellow of the Nova Scotia Supreme Court based his decision in Hartling v. Nova Scotia (Attorney General). Justice Goodfellow decided that the legislation is constitutional and does not violate the Canadian Charter of Rights by discriminating against accident victims.

A more detailed review of Justice Goodfellow’s decision will follow in a later post.

Limiting Compensation Okay in N.S.

Justice Goodfellow has decided that Nova Scotia’s cap legislation that caps compensation for innocent victims who have suffered injuries in a car accident is constitutional.

Injured Person's Protected in Alberta

However, in Alberta, similar legislation which placed a cap on the compensation that injured victims received for “minor injuries”, was ruled unconstitutional in a decision released in February 2008.

Needless to say, the Province of Alberta, and the insurance industry, immediately filed an appeal which was recently heard by Alberta’s Court of Appeal. You can read the trial decision in Morrow v. Zhang here.

What Happens Now?

So now what? Two contrasting decisions by two different Provincial Supreme Courts dealing with the same constitutional issue. The case in Alberta is already at the Court of Appeal level. The case here in Nova Scotia will no doubt make its way to our Court of Appeal.

The whole issue will likely have to be sorted out by the Supreme Court of Canada several years from now.

Innocent Victims Pay to Increase Insurance Profits

In the mean time, innocent injured victims pay the price by having their legitimate claims for compensation limited so that insurance companies can make more money.

Continue reading "Nova Scotia Personal Injury Claims: “Minor Injury” Compensation Cap Constitutional " »

Medical experts, former NHL players and olympic medalists will be in London Ontario this weekend to study and draw public awareness to sports related concussions due minor traumatic brain injury.

The London Hockey Concussion Summit is being chaired by Dr. Paul Echlin, a sports medicine and junior hockey doctor. Dr. Michael Czarnota,OHL and WHL consultant, will discuss concussions in minor hockey, and Dr. Jason Mihalik of the University of North Carolina, will discuss the recent multi-center youth concussion study.

But what is likely to get the public's attention are former NHL stars Eric Lindros, Alyn McCaulay, and Jeff Beukeboom will speak about the effects concussions had on their careers.

Lindros was forced to retire after eight concussions, like this one, ended his career.

Concussions are one of the most serious, and underestimated, injuries in amateur sport. Minor traumatic brain injuries are consistently misdiagnosed and I applaud any effort to draw more attention to the problem. Perhaps the Summit signals a new trend: Sports Celebrity Medical conferences.

Related posts:
NHL, Parents Need to be Aware of Brain Injury from Concussion

Traumatic Brain Injury: Myth # 1 - You have to be knocked out to suffer a brain injury

Traumatic Brain Injury Claims: Myth #2 You Have to Hit Your head to Suffer a Brain Injury

What is a Mild Traumatic Brain Injury?

Continue reading "NHL Hockey Stars - Doctors team up to study concussion/brain injuries" »

Early Identification of Brain Injury Critical

Early identification of patients who have suffered mild traumatic brain injury is imperative to determine appropriate treatment and ensure a maximum recovery. Although there is some disagreement among medical professional as to what constitutes mild traumatic brain injury, all medical professionals agree that amnesia is evidence of a brain injury.

Online Tool Helps Explain

I want to thank my fellow blogger, Bruce Stern at the Traumatic Brain Injury Law Blog, for pointing me to a website created by the Department of Psychology at MacQuarie University in Australia. The website was created to help patients who have suffered a mild traumatic brain injury and has an online presentation of the abbreviated Westmead Post-Traumatic Amnesia Scale. The A-WPTAS is a method of measuring the duration of post traumatic amnesia.

You can watch the presentation here.

Brain Injury Association of Nova Scotia

As I have mentioned before, I have been appointed to the Board of the Brain Injury Association of Nova Scotia: Halifax Chapter. BIANS website has a list of online resources for survivors of brain injury and their families.

Continue reading "Assessment of Amnesia in Mild Traumatic Brain Injury Cases: Nova Scotia Personal Injury Lawyer Explains" »

We have been investigating potential personal injury claims against Bayer Inc. the manufacturer of the drug Trasylol (Aprotinin) for almost a year now.

In January 2006, the New England Journal of Medicine reported that of the 4,400 heart surgery patients who received Trasylol:

1. Trasylol increased the risk of stroke by 181%;

2. Trasylol increased the risk of heart attack by 48%; and

3. Trasylol increased the risk of heart failure by 109%.

Furthermore, in a Canadian Research Study referred to as the BART Study, Trasylol was compared to alternative health surgery drugs. The BART Study found that 1 in 50 patients who received Trasylol died from complications related to the drug.

Some patients at the cardiac unit of the Queen Elizabeth II Health Sciences Centre in Halifax Nova Scotia received Trasylol as part of the hospital’s pre-operative procedures. There are no public statistics about how many patients from the Queen Elizabeth II Health Sciences Centre received Trasylol or how many of those patients who received Trasylol developed debilitating or fatal complications.

If you or a family member had heart surgery at the Queen Elizabeth II Health Sciences Centre and suffered stroke, heart attack, heart failure or kidney damage after your surgery, you may have a potential claim for compensation.

Continue reading "Trasylol (Aprotinin) May Cause Fatal Side Effects: Information for patients" »

Last night I attended the annual Christmas party for the Brain Injury Association of Nova Scotia (Halifax Chapter).

As I have mentioned before, I was recently appointed to the Board of the Halifax Chapter of BIANS.

The party was a great success and credit is due to my fellow Board members who volunteered their time to organize and put on the party. It was a great start for the newly reestablished Halifax Chapter of BIANS!

Congratulations to fellow Board members: Dr. Beverly Butler, Sean Layden, Chris Rafuse,
Ellen Day, Carol MacFarlane, Laurie Wile-Yorke, Laura Hambleton, Patricia McCaul, Vincent Young, and Robert Holmes.

A Toronto neurosurgeon, Dr. Charles Tator, says that professional hockey players, NHL exceutives and parents need to be more aware of the serious effects that concussions have on the brain.

CTV news quoted Dr. Tator as saying that the problem of sports related concussions has:

"...reached epidemic proportions... Too many people are getting these concussions. They really are not mild . . . We have to take it more seriously."

Dr. Tator repeated what those of us that represent injured victims have known for a long time: The effects of brain injury due to concussion are too subtle to show up on standard medical imaging tests like CT scans and MRI.

The Brain Injury Association of Nova Scotia (BIANS) has posted a page about sports related concussions.

For more information, you can take a look at my website where I have posted about the 8 Myths of Traumatic Brain Injury or watch the video tutorials that I have posted on my website apmlawyers.com.

We have also posted some of the tutorials on YouTube. You can watch one of them here.

Continue reading "NHL, Parents Need to be Aware of Brain Injury from Concussion" »

For years insurance companies and their lawyers have been telling chronic pain victims: "...it's all in your head!"

Defendants Claim Chronic Pain Isn't Real

Insurance companies hire psychiatrists to produce reports claiming that the chronic pain victim's pain is the result of a psychiatric illness, accuse the victim of malingering or come up with a bogus diagnosis like compensation neurosis.

New Medical Evidence

Well this weeks issue of the medical journal Neuron has proved that the insurance companies are right, the pain is in their head. But not in the way they think.

CBC has reported on a new study that used functional magnetic resonance imaging to study differences in the brains of normal subjects and the brains of subjects with complex regional pain syndrome.

Chronic Pain Rewires the Brain

The brains of chronic pain patients showed physical changes in the brain's white matter, the cable-like "wiring" of fibres that deliver messages between neurons.

The study's lead investigator, Vania Apkarian, a professor of physiology at Northwestern University's Feinberg School of Medicine in Chicago had this to say:

"This is the first evidence of brain abnormality in these patients...People didn't believe these patients. This is the first proof that there is a biological underpinning for the condition."

Another Tool for Victims Advocates

This study is going to be a great tool for those of us that represent injured victims!

Continue reading "Chronic Pain Rewires the Brain: Insurance Companies Take Note!" »

Insurance companies use "dirty tricks" and "unethical behavior" to deny legitimate claims and boost their profits, according to a new report released by the American Association for Justice.

The report explains how insurers have:

...endeavored to deny claims, delay payments, confuse consumers with incomprehensible insurance-speak, and retroactively refuse anyone who may cost them money.

Although the report takes a look at the practices engaged in by American insurance companies, the insurance industry is multi-national in scope and many of the insurers exposed in the report, for example Allstate and AIG carry on business in Canada.

The report describes how:

Allstate gave employees who denied valid claims rewards such as portable fridges, and used a “boxing gloves” approach to policyholders who refused to accept lowball offers.

Here in Nova Scotia, Justice Walter Goodfellow of our Supreme Court just finished hearing a trial involving a constitutional challenge to our province's Insurance Act. The law places a "cap" on the amount of compensation that innocent victims can receive for their pain and suffering if they have suffered a "minor injury". The problem with the law is that the law defines almost every injury as "minor"; making it very difficult for legitimate innocent victims to receive fair compensation for their injuries.

When Justice Goodfellow releases his decision on the constitutional challenge we can expect the insurance industries' "public relations" machine to kick into high gear, claiming that the insurance industry is losing money because of payments to innocent accident victims.

Don't believe a word of it.

Related posts:

Why you may have a "Minor Injury" from your Nova Scotia Car Accident: Reason #3

Why the Insurance Company says you have a "Minor Injury": Reason #2

Why the Insurance Company Says you have a "Minor Injury": Reason #1

Continue reading "How Insurance Companies Deny, Delay, Confuse and Refuse: New Report" »

The Brain Injury Association of Nova Scotia (BIANS) has reestablished its Halifax chapter. I am pleased to announce that I have been appointed to the Board of Directors of BIANS Halifax.

The Brain Injury of Association of Nova Scotia is a non profit association dedicated to providing support for survivors of brain injury and their family members.

Having represented survivors of serious brain injuries for many years, I have personally seen the devastating effects that brain injury can have on victims and their families. I am looking forward to working with my fellow board members to reestablish a successful and active Halifax chapter.

If you or a family member has suffered a brain injury, please feel free to contact me with any suggestions you may have for projects or education that BIANS Halifax should undertake. I would appreciate any feedback that the brain injury community can provide.

Continue reading "Nova Scotia Personal Injury and Medical Malpractice Lawyer John McKiggan Appointed to Board of Brain Injury Association of Nova Scotia: Halifax Chapter" »

Do You Have to Hit Your Head to Suffer a Brain Injury?

Most people think that in order to injure your brain, you actually have to hit your head on something. This is one of the most unfortunate myths of brain injury. Many people who have suffered a brain injury do not get timely medical treatment because they do not realize that it is possible to injure your brain without striking your head.

The Anatomy of the Skull:

In order to understand why this myth is incorrect you have to learn a little about the anatomy of the skull. The inside of the skull isn’t smooth like the inside of a bowl. The base of the inside of your skull is rough with several bony ridges or spikes. These ridges can cause an injury to the brain during periods of rapid acceleration and deceleration.

Like a Sponge in a Bucket:

Have you ever used a sponge in a bucket of water to wash your car or your floors or windows? The easiest way I have found to explain how the brain can suffer an injury without the head being struck is to think of the sponge floating in the middle of a bucket of water.

The bucket represents your skull. The water is the cerebrospinal fluid that surrounds the brain. The sponge is your brain. If you swing the bucket back and forth, the sponge will tend to float in the center of the bucket. But if you suddenly stop swinging the bucket the sponge will bump against the inside of the bucket.

The same thing can happen to your brain if your head gets whipped back and forth. This type of injury commonly happens in rear-end or head-on collisions where the driver’s or passenger’s head suddenly whips back and forth and stops suddenly. The sudden stop causes the brain to bump up against the inside of the skull. Damage to the brain occurs at the area of impact.

So it is possible to injure your brain without hitting your head and without ever losing consciousness.

How Do I Know if I Have Suffered a Brain Injury?

Sometimes the trauma to the head and brain is so significant, the injury is obvious. But in many cases, especially if the person has not hit their head, or not lost consciousness, the injury to the brain may be so subtle, that the symptoms of brain injury are not immediately apparent.

On my website, I have listed the most common symptoms of traumatic brain injury. If you or a loved one have been in an accident, and are suffering from any of the symptoms listed here it is important that you seek medical attention. Explain to your doctor that you have been injured, explain how the injury happened, and tell your doctor about the symptoms you are having. Then your doctor can decide the most appropriate way to treat your injury.

Continue reading "Traumatic Brain Injury Claims: Myth #2 You Have to Hit Your head to Suffer a Brain Injury" »

"I wasn't knocked out. How could I have a brain injury?"

I get asked that question a lot. Some people still think that it is still necessary to suffer a loss of consciousness (be knocked out) in order to suffer a brain injury. I would say that the number 1 myth about brain injuries is that you can only suffer a brain injury if you have been knocked unconscious.

Concussion = Brain Injury

More than 30 years ago the Congress of Neurological Surgeons concluded that a head injury that leads to a change in mental status (being dazed or confused) without any loss of consciousness is a form of brain injury.

This type of injury is what is commonly referred to today as a concussion.

Shake it off and get back in the game!

When I was growing up, if a hockey player or football player “had their bell rung” it was common practise for the coach to simply have the player sit on the sidelines until they were able to “shake it off”. Then the player would return to the game.

Today, sports medicine specialists now recognize that suffering a concussion (what we used to call “having your bell rung”) is a serious injury.

Here is an excellent summary of information about sports related concussions in children.

Concussions can Cause Permanent Damage

The cumulative effects of repeated concussions can cause lasting disability and functional impairment. In fact, the risk of serious injury from concussion is so significant that the Canadian Medical Association has called for a ban on body checking for hockey players less than 15 years of age.

Family Doctors Need More Training About Brain Injury?

Over 10 years ago the Journal of the American Medical Association called for more education for family physicians about the effects of mild brain injury. The American Medical Association was concerned about a common misperception that it was necessary for a patient to be knocked unconscious in order to suffer a concussion.

According to the American Psychiatric Association, mild traumatic brain injury can occur with brief or no loss of consciousness. Studies published by the American Psychiatric Association’s Textbook of Neuropsychiatry confirms that patients with mild traumatic brain injury can have physical, perceptual, cognitive and emotional symptoms that collectively is now called post-concussive syndrome.

What Should I Do?

If you suspect you or a family member may have suffered a mild traumatic brain injury you should immediately seek medical attention. You will need to provide your doctor with complete information about how the accident happened and the symptoms that your or your family member has been suffering from since the accident.

Here is a checklist of the symptoms of concussion developed by the Brain Injury Association of Nova Scotia.

Continue reading "Traumatic Brain Injury: Myth # 1 - You have to be knocked out to suffer a brain injury" »

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" »

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.

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!

Continue reading "BIANS Golf Tournament Kicks off Brain Injury Awareness Month" »

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..."

Continue reading "Cooling Therapy for Brain Injured Children Dangerous: Canadian Study" »

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!

Continue reading "June is Brain Injury Awareness Month in Nova Scotia" »

...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.

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.

Continue reading "Pediatric Injuries Requiring Hospitalization in Canada Dropping" »

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.

Continue reading ""Crazy Canuck" suffered Brain Damage from Skiing Injuries" »

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!

Continue reading "Depression Linked to Brain Injury" »