Category: Uncategorized

Oprah on Armstrong: She doesn’t know the meaning of Hero

by John McKiggan

The Halifax Chronicle Herald recently ran a story titled “Armstrong Can Be Hero Again, Oprah Says“. The story was reporting on Oprah Winfrey’s recent interview with Lance Armstrong where he discussed his use of performance enhancing drugs while he was racing in the Tour de France.

According to Oprah:

“…if he is willing to do the work … he can be a real hero.”

Posted in: Uncategorized

End Distracted Driving Presentations for Halifax Schools

by John McKiggan

Distracted Driving Presentations for Halifax Students

I have been volunteering with EndDD.org doing presentations for students at Halifax schools about the dangers of distracted driving. So far we have talked to more than 700 students at 5 different schools.

My goal is spread the message to students at every JHS and HS in Halifax. If you are a teacher or part of a Parent Teacher Group (PTG) or a member of your schools’ School Advisory Committee (SAC) and you would like to have us give the presentation to your kids’ school, please contact me through this blog.

CTE- The Long Term Consequences of Head Injuries in Sports

by John McKiggan

The results of a study done by the National Institute of Health (NIH) on the brain of legendary NFL linebacker Junior Seau revealed symptoms consistent with Chronic Traumatic Encephalopathy (CTE).

Seau, a 12-time Pro Bowler, committed suicide on May 2, 2012. An autopsy revealed no illegal drugs or alcohol in Seau’s body.

Seau’s family offered his brain for the study. The NIH conducted a blind study of 3 brains, one of which were Seau’s, found that Seau’s brain had signs consistent with those found in people who have been exposed to repetitive head injuries.

How Can You Win Your Trial But Still Lose? Cost Awards and Formal Offers to Settle.

by John McKiggan

I recently read an interesting post by my colleague Erik Magraken who writes about injury claims in British Columbia. The article Defence Medico-Legal “Vacuum” Defeats Post Trial Costs Application discussed a claim for costs by ICBC (British Columbia’s provincial auto insurance fund) against a plaintiff who had won at trial but failed to beat a pre-trial settlement offer.

Loser Pays Rule

Canada has what is commonly referred to as a “loser pays” rule. In other words, the party that loses a trial is usually ordered to pay a contribution to the winning party’s legal expenses and out of pocket costs.

Sudden Impact: Liability for Sports Related Concussions

by John McKiggan

I have been asked to post a copy of the article I wrote for the December 14, 2012 issue of The Lawyers Weekly magazine.

Representing Injured Athletes in Canada

Nothing went well for the Detroit Tigers in the World Series, but it could have been worse. I’m talking about game 2 when Tigers pitcher Doug Fister took a line drive to the head from Gregor Blanco.

Big Tobacco facing Class Action in Quebec

by John McKiggan

In 1993 Jeffrey Wigand was interviewed as part of an investigative report by 60 Minutes. His efforts to hold the tobacco industry accountable became the subject of a Hollywood movie starring Al Pacino and Russell Crowe.

Last week he took another major step toward bringing down big tobacco, when he testified in a Montreal class action that cigarette companies have been downplaying the potential health risks of their product.

Biggest Class Action in Canadian History?

What Does Hulk Hogan Have To Do With Car Insurance?

by John McKiggan

Hulk Hogan and the Lovely Liz

My youngest son is a big fan of wrestling. So when my wife Liz and I saw superstar wrestler Hulk Hogan (Terry Bollea) at a restaurant in Florida, I just had to ask him if I could get a photograph of him with Liz and an autograph for my son.

As you can see, Mr. Bollea was very understanding and patient with my wife and I (and all the other fans who wanted to pose with him for a picture).

Do Helmet to Helmet Collisions Perpetuate Brain Injury Myths?

by John McKiggan

Last month Oakland Raiders wide receiver Darrius Heyward-Bey was on the receiving end of a crunching helmet to helmet hit that saw him unconscious on the field for ten whole minutes. While Heyward-Bey gave the crowd a “thumbs up” as he was stretchered off of the field, it comes as no surprise to anyone that he was later diagnosed with a concussion and neck strain.

Fortunately the young wide receiver is expected to make a full recovery.

If you have watched much football you have likely heard the echoing crunch that comes from a helmet on helmet collision. As a brain injury lawyer I can’t help but cringe every time I hear that noise.