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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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..."

Posted by John McKiggan | Permalink | Email This Post

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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Unintentional injury is the leading cause of death for children in Canada.

Safe Kids Canada has released a research report this week that showed that residential streets may be more dangerous for our children that we think. According to the study, which was released this week a child hit by a car travelling at 50 km/h has an 80 per cent chance of being killed!

Thousands of Children Injured or Killed in Pedestrian Accidents:

Child - pedestrian accidents are a leading cause of death for Canadian children. More than 2,000 children are seriously injured each year in child pedestrian accidents each year! Sadly, almost 30 children are killed in pedestrian accidents every year.

Intersections Dangerous:

Most child pedestrian accidents happen while the child was crossing the street in an intersection.

Injuries Happen Close to Home:

It may come as some surprise that many of these serious injuries and deaths happen within just 5 kilometres of the children’s home.

Slow Down and Save Lives:

The study found that reducing vehicle speed results in a huge decrease in the number of child injuries and fatalities. A child hit by a car traveling at 30 km/h, has up to a 95 per cent chance of surviving.

The report calls for legislation reducing speed limits in residential neighbourhoods to a maximum of 30 KM (from the current 50 KM).

As a personal injury lawyer for the past 18 years I have represented hundreds of children who have been seriously injured in car-pedestrian accidents. Even more tragic are the cases where a child has been killed by a driver who was speeding, or just not paying attention.

I would encourage anyone who is interested in child safety to send a copy of the Safe Kids Canada news release to their local MLA.

Continue reading "Slow Down and Save a Childs Life!" »

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Posted In: Car Accidents , Child Injuries

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Bisphenol A has been officially named a dangerous substance by Health Canada. The Globe and Mail reported the story here.

There is wide concern that the hormonally active chemical, which is commonly used in products like baby bottles, can have long term negative health effects. Toxicnation.ca published a helpful list of baby bottles that are manufactured using the chemical. You can find the list here.

The move is widely expected to be the first step in an outright ban on the chemical in products designed to contain food or drinks.

Bisphenol A is one of the:

...most widely used synthetic chemicals in modern industry. It is the basic building block for polycarbonate, the see-through, shatter-proof plastic that resembles glass, and is also used to make the epoxy resins lining the insides of most tin cans, along with some dental sealants, sports helmets, and compact discs.

You can read more about the chemical on Kathy Farber's blog Non-Toxic Kids.

Next time you go to the gym, take a look and see how many people are chugging their water out of Bisphenol bottles. The question is, what else are they chugging?

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Posted In: Child Injuries , Product Liability , Product Liability

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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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Lead contamination in toys and other consumer products has been receiving a great deal of coverage from the media lately. See this story, for example.

However, China is not the only source of potentially dangerous toys. The Attorney General of Vermont has sued Canadian Toy manufacturer Ganz Inc. of Woodbridge, Ontario, for distributing items of jewelry and other metal products containing high amounts of lead through retail stores in Vermont.

The lawsuit points out the consumers shouldn't be complacent or assume a product is safe simply because it isn't made in China. So how do you find out if a product is safe?

Katy Farber runs a great blog called Non-Toxic Kids with information about product recalls and contaminated toys and dangerous products. It's a great resource. Check it out.

Health Canada has a website listing all it's Advisories, Warnings and Recalls. You can find it here.

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

Posted In: Child Injuries , Product Liability

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The popular anti-wrinkle drug Botox and a competitor have been linked to dangerous botulism symptoms in some users, cases so bad that a few children have died, the government warned Friday.

Botox, and its competitor, Myobloc, use botulinum toxin to block nerve impulses, causing them to relax. In rare cases, the toxin can spread beyond the injection site to other parts of the body, paralyzing or weakening the muscles used for breathing and swallowing, a potentially fatal side effect.

The drugs are not approved for use with children but are commonly used to treat severe muscle spasticity in children with cerebral palsy.

MSNBC has reported that the FDA:

...warned that patients receiving a botulinum toxin injection for any reason —cosmetic or medical — should be told to seek immediate care if they suffer symptoms of botulism, including: difficulty swallowing or breathing, slurred speech, muscle weakness, or difficulty holding up their head.

Health Canada is now reviewing the safety of Botox as a result of the reported deaths.

Health Canada spokesperson Carole Saindon told CTV News:

"Departmental experts are currently reviewing safety information on the issue of toxin spread regarding Botox. Canadians can be confident that after a thorough review, Health Canada will take action, if necessary,"

These reports highlight the dangers of "off label" use of drugs. Since the drugs are not being used for their approved purpose, they have also not been subjected to testing by the FDA and Health Canada for potential side effects from the non-approved drug use.

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Posted In: Child Injuries , Product Liability

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