Halifax Personal Injury Lawyer Blog

April 28th, 2008

Haven’t posted for a while…

…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.

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April 16th, 2008

Bisphenol A is officially a dangerous substance: Health Canada

by John McKiggan

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.

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February 18th, 2008

Is Trasylol (Aprotinin) the Next Vioxx? Manufacturer Hid Evidence Drug was Dangerous.

by John McKiggan

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.

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February 17th, 2008

Pediatric Injuries Requiring Hospitalization in Canada Dropping

by John McKiggan

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%).

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February 15th, 2008

Sleepy Drivers Cause 400 Deaths 2100 Serious Injuries Every Year

by John McKiggan

Driver fatigue is a factor in 20% of fatal car crashes and the cause of more than 400 deaths due to car accidents every year according to a new report from the Highway Safety Roundtable.

The study also reported that an alarming 20 percent of Canadians admit to falling asleep at the wheel at least once over the last year.

I was actually a little surprised by the reports findings. In my practice representing people who have suffered injury as a result of motor vehicle accidents, I would have said driver fatigue was an issue in close to 50% of all serious car crashes.

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February 13th, 2008

“Crazy Canuck” suffered Brain Damage from Skiing Injuries

by John McKiggan

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.

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February 11th, 2008

Dangerous Drivers in Canada Not Being Reported: Why are Doctors Ignoring the Law?

by John McKiggan

Dangerous drivers suffering from alcohol abuse, cardiac disease and neurologic disorders are not being reported by their doctors; and doctors may be committing medical malpractice for failing to comply with provincial laws.

A recent report in the medical journal Open Medicine found that between 1996 and 2001 37% of drivers admitted to a trauma unit with injuries from car accidents had a reportable medical condition that made them unfit to drive.

Most of the patients (85%) had seen a doctor in the year before the crash, and 14 per cent had even seen a doctor a week before their crash. But only three per cent of these had been reported to the Ontario Ministry of Transportation.

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February 10th, 2008

Canadian Company Sued for Lead Contaminated Toys

by John McKiggan

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?

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February 9th, 2008

Botox Linked to Children’s Deaths: FDA Issues Warning

by John McKiggan

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.

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February 8th, 2008

Fatal Nova Scotia Crash Nets Drunk Driver $700 Fine

by John McKiggan

A judge has fined a Nova Scotia man $700 for driving drunk last spring in an incident that killed his best friend. Jonathan Savoy initially faced four charges, which included impaired driving causing the death of his friend, David MacDonald.

The more serious charge was dropped in a plea bargain deal that involved Savoy pleading guilty to impaired driving, taking a car without permission and driving while suspended.

Susan MacAskill of Mothers Against Drunk Driving said she was appalled with the judge’s decision.
“Somebody’s dead and nobody seems to be held responsible…”
In 2004, it was estimated that 3,013 individuals were killed in motor vehicle crashes in Canada. MADD Canada estimates that at a minimum 1,157 of these fatalities involved impaired driving. Further, MADD Canada estimates that approximately 68,245 individuals were injured in impaired driving crashes (187 per day).

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