Halifax Personal Injury Lawyer Blog

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" »

Hydroxycut Recall

The Hydroxycut recall that I posted about 10 days ago has resulted in an investigation by Health Canada.

Adverse Effects Reported in Canada

To date Health Canada has received 17 reports of adverse reactions related to hydroxycut use. The adverse reactions relate to the cardiovascular, respiratory, gastrointestinal, and neurological systems. So far, none of the adverse reactions reported in Canada relate to liver injuries, which were the main cause of the FDA recall.

How to Report Hydroxycut Problems

Health Canada indicates that you can report any adverse reactions that you think may be related to Hydroxycut three ways:

Report online at the MedEffect™ Canada Web site

Call toll-free at 1-866-234-2345

Complete a Canada Vigilance Reporting Form and either: Fax toll-free to 1-866-678-6789 Mail to: Canada Vigilance Program Health Canada AL 0701C Ottawa, ON K1A 0K9

Continue reading "Canadian Hydroxycut Injury Claims: Health Canada Update " »

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" »

A “multi-million dollar” class action law suit has been filed against drug manufacturer Bayer Inc. for injuries allegedly caused by the drug Trasylol (also known as Aprotinin)

CTV News has reported that a number of class action lawsuits have been filed in the United States. Now patients in Canada have filed a similar lawsuit.

Bayer Inc. withdrew Trasylol from the market after medical research studies showed that patients treated with the drug were more likely to die than patients treated with other medication.

We have been investigating potential Trasylol claims for almost a year.

In May of this year I posted about a Canadian study called the “BART Trial” which found that patients who received Trasylol were 53% more likely to die than people who received other common anti-bleeding agents like Aminocaproic Acid.

You can read the post here: Trasylol (Aprotinin) Anti-Bleeding Drug Raises Death Risk: Canadian Study.

Almost a year ago a documentary on CBS’s 60 Minutes discussed the risks posed by the drug and suggested that the manufacturer, Bayer, hid evidence that Trasylol was dangerous. The documentary pointed out that as far back as January 2006 the New England Journal of Medicine published a study reporting that Trasylol was connected with kidney failure, cardiac arrest and stroke in patients undergoing coronary artery surgery.

You can watch the whole 60 Minutes story here.

You can also take a look at my earlier post: Is Trasylol (Aprotinin) the Next Vioxx? Manufacturer Hid Evidence Drug was Dangerous.

Trasylol (Aprotinin) has been used by the cardiac surgery unit of the Queen Elizabeth II Health Sciences Centre for many years. If you or a family member suffered kidney failure, cardiac arrest or stroke after having heart surgery, you may have a potential claim.

For more information you can contact me at www.apmlawyers.com or toll free 1-877-423-2050 or through this blog.

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" »

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.

Trasylol (Aprotinin) is a drug used during heart bypass surgery to help reduce bleeding and the need for blood transfusions. But a documentary on CBS's 60 Minutes last night suggests the drug may be responsible for contributing to the loss of one thousand lives a month.

You can watch the whole story here.

On January 26, 2006, The New England Journal of Medicine (NEJM) published an article by Dr. Dennis Mangano reporting an association of Trasylol (aprotinin) with serious renal toxicity (kidney failure) and ischemic events (cardiac arrest and stroke) in patients undergoing coronary artery bypass grafting surgery.

Although the Trasylol study was published in January 2006, Bayer failed to disclose the study to the FDA until after an advisory panel meeting in September 2006. The study's researcher, Dr. Dennis Mangano, has said that 22,000 patients could have been saved if Trasylol had been taken off the market when the January 2006 study was first published.

The F.D.A. issued a Public Health Advisory in November 2007. On November 5, 2007 the drug manufacturer Bayer agreed to suspend marketing of the drug at the request of the F.D.A.

Bayer suspended marketing of Trasylol (aprotinin) in Canada in November 2007 following a request from Health Canada.

Bayer is now facing hundreds of lawsuits in the United States alleging injury of death due to the drug and the Defective Drug Claims are likely to spread to Canada, just like the Vioxx litigation.

Is this another case of a drug manufacturer puts dollars over lives? You decide after watching the video.