Perhaps the biggest myth of brain injury is that mild traumatic brain injuries are not disabling.
They Look Okay
Since persons with traumatic brain injuries do not look obviously injured and many can function reasonable well in society, there is a common misperception that a traumatic brain injury is not as disabling as more obvious physical injuries.
This week Evenflo, one of the largest manufactures of infant car and booster seats, announced it is recalling more than 18,000 child car seats in Canada and the U.S. after Consumer Reports crash-tested the seat and found that it can crack and fail in a simulated 48 km/h frontal collision.
The recall affects the Evenflo Maestro Combination Booster Seat. Canadians who own the seats should call 1-800-265-0749 for more information.
The news made me think of some of the claims I have had in the past where children were injured in car accidents even though they were secured in car seats. The fact is that many parents are not aware of some of the issues that need to be considered when buying and using infant car seats.
Concussions Have Long Term Effects
It was once thought that the effects of concussion, (mild traumatic brain injury) were temporary. Doctors assumed patients could recover from the effects of concussion after a few minutes or hours.
However a famous research study published in Neurology, the Journal of the American Academy of Neurologists, found that after one year, 10% to 15% of mild traumatic brain injury patients still had not fully recovered. In fact, the study determined that many patients had more symptoms than immediately after the accident.
As a Nova Scotia Brain Injury Lawyer I have had a number of brain injury cases where the defendant’s experts claimed my client did not suffer a brain injury, because their symptoms did not develop until hours after their initial injury.
Symptoms May Take Time to Develop
Modern medical science now recognizes that the effects of traumatic brain injury may not become apparent until 6-12 hours after the initial injury.
Diagnosis Misleading
The term mild or minor traumatic brain injury is extremely misleading. The reference to “mild” or “minor” refers only to the initial physical trauma or impact that causes the brain injury.
Permanent Problems
Pain Specialist Concerned About Minor Injury Cap
Dr. Richard Dumais is a pain specialist working at the Dr. Georges L Dumont Pain Clinic in Moncton New Brunswick. Today he voiced his concerns on the broadness of New Brunswick’s definition of a “minor injury” under the provinces car insurance laws that caps compensation for pain and suffering.
According to Dr. Dumais:
Consumer’s Group Calls For Review of Minor Injury Cap
The CBC has reported that a group of concerned citizens has formed a new consumers action group calling for a review of New Brunswick’s “minor injury” cap on car accident insurance claims.
Frances McConnachie is a member of N.B. Consumers for Insurance Fairness. McConnachie was quoted as saying she received $2,500 following an accident in 2004 that has left her with back and neck problems that limit her activities and make her reliant on therapy and pain killers.
I don’t think I have ever seen a more effective educational video promoting seatbelt use.
Watch the video here: Embrace Life
Injured Victim’s Constitutional Appeal Fails
Today the Supreme Court of Canada refused to hear an appeal of a decision that upheld the constitutionality of Nova Scotia’s cap of $2500.00 compensation for injured car accident victims deemed to have suffered a “minor injury”.
The Applicant MacDonald was involved in a car accident in November, 2003. She suffered soft tissue injuries to her neck, shoulders and back. Her insurance company claimed that she had suffered a “minor injury” under Nova Scotia’s new auto insurance provisions and offered a settlement that included the capped amount of $2,500 for pain and suffering.
Nova Scotia has a cap on the amount of compensation that innocent victims are entitled to receive when they have been injured in a car accident.
I have posted before about the unfairness of Nova Scotia’s minor injury cap. For example, see Benefits of “Minor Injury” Cap Legislation does not Justify Discrimination
Promise to Scrap the Cap
