Blog – Neinstein Personal Injury Lawyers
Can stem cell therapy help spinal injury victims?
Spinal injury lawyers are acutely aware of and sensitive to the life-altering impact that serious injuries can have on an individual’s life. Particularly severe spinal injuries can severely limit a person’s ability to move freely. People who experience paralysis are faced with the daunting task of adjusting to life without the use of certain parts of their body. Today, though injury management options and methods of improving long-term function are available, there is no cure for this affliction.
As in many other challenging areas of medicine, however, researchers are hard at work developing methods of treating paralysis, if not curing it entirely. Stem cell therapy, in particular, has generated interest among specialists in the field and spinal injury lawyers.
In May 2017, researchers at the University Health Network and the University of Toronto published a study outlining the “neuroregenerative potential” of cell therapy. Stem cells are able to self-renew and differentiate into various others types of cells, including glial cells which are related to neural function.
The aim of the researchers’ study was to encourage the regrowth of severed nerve fibres where those fibres had been affected by a spinal injury. Regrowth in nerve fibres would lead, theoretically, to restored nerve function.
Though this research is in its preliminary stages, the authors of the University Health Network study appear hopeful, especially about the results of stem cell therapy in combination with other cell treatments.
“While combinatorial treatments using cell-coupling, trophic factors, biomaterials, and rehabilitation may help to improve stem cell effectiveness among a heterogeneous patient population, there is still much research required to optimize their application,” the authors wrote. “It is clear that a lot remains to be understood in the translation of stem cell therapies. However, given the significant strides in laboratory work, we should not lose sight of their potential.”
Early clinical trials showed only modest functional recovery in spinal injury victims, but even slight enhancements in sensation and function are quite significant.
For spinal injury victims and the spinal injury lawyers that represent them, the researchers’ findings are a reason for hope in an otherwise bleak situation. Injury victims who incur full or partial paralysis face a difficult road ahead, which is why Neinstein Personal Injury Lawyers works so hard to ensure their access to fair compensation.
If you or a member of your family has suffered a spinal injury, contact the spinal injury lawyers at Neinstein today to set up a free, no-obligation consultation. We can help you along your path to recovery.
Ontario introduces employment plan for people with disabilities
The long term disability lawyers at Neinstein Personal Injury Lawyers work hard to improve their clients’ lives through a variety of measures. Our team’s primary aim is to ensure victims’ access to leading medical care and compensation for their injuries. The end goal is to help clients regain control over their lives. Finding employment is an important part of that process.
Ontario’s disabled population suffers from high levels of unemployment. According to estimates from the provincial government, approximately 60,000 disabled people between the ages of 18 to 29 currently receive monetary assistance. To fight this problem, Queen’s Park revealed on June 5 a new strategy called Access Talent: Ontario’s Employment Strategy for People with Disabilities. Neinstein’s long term disability lawyers strongly support efforts by the province to improve the employment opportunities for Ontarians living with disabilities. However, the plan remains imperfect.
The province’s plan
“People with disabilities are underrepresented in Ontario’s labour market and that needs to change,” said Minister Responsible for Accessibility Tracy MacCharles in a provincial release announcing the plan. “By accessing the diverse talents of people with disabilities, businesses and our economy as a whole will become more competitive. That’s why this strategy is so important.”
Access Talent includes four key initiatives that the province believes will help increase employment for people with disabilities and connect businesses to talent. These include:
- Helping students and young people reach their employment goals through the launch of a new pilot that provides individualized and coordinated services and support.
- Enlisting businesses as partners through an online platform that will make it easier for employers, people with disabilities, and the public to connect and share their knowledge.
- Introducing a new Supported Employment program through Employment Ontario to help streamline employment and training services in order to meet the needs of both job seekers and employers.
- Leading by example. The government will aim to raise awareness and influence public attitudes through education.
Concerns with the plan
While most accessibility experts and long term disability lawyers are happy to see the government take action to help Ontarians with disabilities, several have noted areas for concern. Pina d’Intino, who lost her vision following an unsuccessful surgery, was disappointed with the lack of focus on older individuals with disabilities. She told the CBC that the government should consider “how that mature work force can actually help youngsters coming into the workforce by providing them some really strong mentorships, coaching, some skills.
In an email to the CBC, David Lepofsky of the Access for Ontarians with Disabilities Act Alliance said the strategy is “mainly high-level, long-term concepts, that could take years before there are any results.”
“After years of waiting,” he continued, “what we need instead is a plan to hit the ground running now, with immediate, practical action.”
Contact Neinstein’s long term disability lawyers
Despite its deficiencies, Neinstein Personal Injury Lawyers is pleased with the Government of Ontario’s action plan, and looks forward to further provincial efforts to improve the lives of people living with disabilities. If you or a member of your family has suffered a serious accident, contact Neinstein’s long term disability lawyers to learn how we can help you on your road to recovery.
Child and booster seat safety
Over the past five years, Québec children under the age of 15 have been injured more and more frequently in car accidents, even while serious road injuries and fatalities have declined across the wider population. Injuries increased around 8 per cent over that time, from 1,500 in 2012 to 1,700 last year, troubling legislators and car accident lawyers.
According to experts who spoke with CBC Montreal, improperly used car seats can be blamed for at least some of the increase. Québec’s auto insurance board, SAAQ, reports that approximately half of all child seats in the province are improperly installed, while certified car seat technician Angela Polyzogopoulos believes that number may be closer to 90 per cent.
Car accident lawyers are strong proponents of car seat and booster seat use because, as SAAQ spokesperson Mario Vaillancourt told the CBC, they can reduce injury risk by as much as 70 per cent when properly installed.
Booster seats vs. car seats
Car seats come in two varieties: infant or rear-facing seats, and convertible seats which can face the front or back. Rear-facing seats are for smaller, lighter children, usually include a handle for carrying, and generally snap in and out of a base installed in your car. Convertible car seats are heavier, and designed for slightly older children.
When a child outgrows their car seat, they will have to sit on a booster seat, which elevates the child in order for them to safely use the car’s built-in seatbelts.
Car seat and booster seat rules
Different jurisdictions have different rules for car seats and booster seats. In Québec, for example, children are simply required to ride in a car or booster seat until their seated height is at least 25 inches.
The rules in Ontario are more nuanced: children under 20 pounds must ride in rear-facing car seats and children under 40 pounds must ride in front-facing car seats. Children must also ride in a booster seat until they turn 8; reach a height of 4’9”; or weigh more than 80 lbs.
As car accident lawyers well know, booster seats are necessary because they prevent children from being harmed by cars’ seatbelts, which are designed for adults.
“Contrary to popular belief, the main purpose of a seat belt is not to keep people from being ejected out of a vehicle. It redirects crash forces to the strongest parts of the body, the hops and chest,” explained University of British Columbia doctoral candidate Takuro Ishikawa in an interview with the Globe and Mail. “Kids between 4 and 8 are too small and the seat belt usually ends up on their belly and across the neck. That’s redirecting crash forces to the internal organs or to the neck.”
In other words, small children who use seatbelts without a booster seat are at risk of serious internal injuries, including to their spleen, liver, and bowel.
If your child, or the child of someone you know, has been injured in an automotive accident, contact the car accident lawyers at Neinstein Personal Injury Lawyers today to learn how we can help.
Canada tables marijuana legalization, impaired driving legislation
The Liberal government tabled marijuana legalization legislation on April 13, 2017, fulfilling a long-standing campaign promise and priming Canada to become just the second country in the world – Uruguay was the first – to fully legalize the sale and consumption of recreational marijuana. Alongside its bill to regulate the use, sale, and cultivation of the drug, the government also introduced a bill to strengthen impaired driving laws in a bid to address concerns raised by road safety advocates, motor vehicle accident lawyers, and law enforcement officials.
“We really hope we don’t see a rise in impaired driving because of marijuana legalization, but we have to prepare as if we will see an increase,” Ontario Provincial Police (OPP) Sgt. Peter Leon told the CBC in April. “We’ve already seen a rise in drug-impaired driving, from 24 arrests in 2015 to 86 arrests last year, which is a three-fold increase.”
Impaired driving legislation
The proposed impaired driving reforms may please advocacy groups and motor vehicle accident lawyers, while simultaneously irking defence lawyers and constitutional law experts.
The bill bars Canadians from driving within two hours of having an illegal level of drugs in their system, and gives police the authority to demand saliva samples from drivers they suspect are driving while high. It also proposes mandatory breathalyzer tests for anyone who is lawfully stopped in their car. Today, officers must have a reasonable suspicion of intoxication before asking a driver to blow.
“They can make a demand for a breath sample without having any reason to believe there is any alcohol in the person’s body at all,” Edmonton defence lawyer Steve Smith said in an interview with the CBC. “They can do essentially random roadside tests on drivers.”
Some legal experts believe this provision could violate Section 8 of the Charter of Rights and Freedoms, which protects Canadians against unreasonable searches, but the federal government has insisted that the bill is ‘charter-proof.’ Mandatory roadside testing is already legal in many countries, and “is widely seen as the most effective way of reducing impaired driving deaths,” according to Robert Solomon, MADD Canada’s national legal policy director.
Law enforcement preparation
Law enforcement officers are preparing to navigate the new legal landscape that will emerge with the passing of the government’s impaired driving and marijuana legalization legislation. The Toronto police are training its roughly 200 traffic services officers in field sobriety testing and bolstering its team of drug recognition evaluators.
The OPP, Toronto police and RCMP also recently wrapped up a pilot program to test a roadside drug testing device. More than 200 people volunteered their saliva for the program, nine of whom tested positive.
However, police do not currently have access to a fail-proof marijuana impairment test, and some legal experts, including motor vehicle accident lawyers, remain concerned about law enforcement’s reliance on unproven methods. For instance, traces of cannabis linger in the blood for much longer than alcohol – could an injury victim lose access to compensation if they tested positive for marijuana even after waiting two hours to drive?
Contact Neinstein Personal Injury Lawyers
If you have been injured in a car accident caused by drug-impaired driving, contact the motor vehicle accident lawyers at Neinstein Personal Injury Lawyers today. Our team has years of experience helping injury victims access compensation, and can confidently direct you on your next legal steps.
Photo credit: Rafael Castillo/Flickr
Can Ontario do more to prevent careless driving?
What is the appropriate penalty for a careless driver who causes a serious injury or wrongful death? Under the Province of Ontario’s Highway Traffic Act, careless drivers face a fine of between $400 and $2,000; up to six demerit points; up to a two-year licence suspension; and up to six months in prison.
If a person is permanently disabled in a car accident caused by a careless driver, is a $2,000 fine ample punishment? To be sure, the injured individual can and should contact an experienced car accident lawyer to seek compensation, but this will not guarantee that the defendant will not re-offend.
Last year, a woman received a $1,000 fine and six-month driving ban after killing another woman by driving her vehicle into an outdoor market in Toronto. Another driver was issued the maximum $2,000 penalty and a two-year driving prohibition after killing a six-year-old at a crosswalk. Any car accident lawyer can tell you that these penalties are disproportionate to the pain and suffering caused by the driver’s carelessness.
Last June, Liberal MPP Eleanor McMahon tabled legislation that would impose a minimum fine of $2,000 and maximum fine of $50,000 for ‘careless driving causing death of bodily harm’ in Ontario. Bill 213 died on the order paper when Premier Kathleen Wynne prorogued parliament in September 2016, but it is expected to be re-tabled in the near future.
The bill “aims to recognize and provide a tool for collisions that result in serious injury or death by creating a separate offence of careless driving causing death or bodily harm,” McMahon said at Queen’s Park in June. “Bill 213, if passed, would increase penalties under this new category, making a clear distinction between careless driving and careless driving causing death or bodily harm. It will also give police officers more time to conduct an investigation, and collision reconstructionists the time they need to do these often painstaking investigations.”
Bill 213 has received support from both NDP and Conservative members of parliament, and could make a significant difference in discouraging careless driving in Ontario. Some, including more than one car accident lawyer, believe that steeper fines do not go far enough in preventing careless driving events, however. In an opinion piece for the National Post, columnist Chris Selley bemoaned the fact that existing laws do not effectively keep dangerous drivers off the road.
“Why not 10 years?” Seeley wondered, regarding licence suspensions. “Why not forever – certainly on a second or third offence?”
If you have been injured by a careless driver, you deserve compensation for your injuries. Contact an experienced car accident lawyer at Neinstein Personal Injury Lawyers today to learn how our team can help you along your road to recovery.
Court of Appeal makes positive decision on structured settlements
Serious personal injuries are life-changing events that can have serious impacts on a victim’s personal relationships. When an individual’s finances, future employment, or mobility are suddenly thrown into doubt, significant personal turbulence is sometimes the result. For this reason, personal injury lawyers must consider the possibility that a marriage or long-term relationship will end in the months or years after a settlement is reached.
Thanks to a recent Ontario Court of Appeal ruling, personal injury lawyers now have a means of securing their client’s compensation, even in the case of a divorce: structured settlements, through which injury victims receive a set amount of money on a fixed schedule.
In the case of Hunks v. Hunks, the court ruled that structured settlements are not “property,” and thereby not subject to divorce proceedings set out in the province’s Family Law Act.
Hunks v. Hunks
Donna Hunks was injured and disabled in 1995, months after marrying Gary. She sued the supermarket where her injury occurred, and was eventually awarded more than $500,000 in compensation. She used around $200,000 to cover her family’s needs, and bought a structured settlement with the remaining money. The settlement paid her almost $1,290 each month for the rest of her life, plus a two per cent annual increase. It also paid out four lump sums of $15,000 every five years from 2009 to 2024.
The Hunks separated in 2011, and in 2015 the Ontario Superior Court found that Donna’s structured settlement was similar to a pension, and thus part of the matrimonial “property” that she and Gary would have to split evenly. This March, the Court of Appeal disagreed on the basis that Donna’s settlement payments more closely resembled disability benefits, which are considered income by law, than a pension. As such, Gary has no right to half of Donna’s compensation.
Impact
The Court of Appeal’s decision broadens the appeal of structured settlements and may push more personal injury lawyers to recommend them as a viable alternative to lump sum payments, which are more likely to be lost through poor investments and planning. Indeed, structured settlements are a relatively safe, dependable means of managing compensation from a personal injury lawsuit.
Contact Neinstein Personal Injury Lawyers to learn more
If you or a member of your family has suffered a serious injury, contact Neinstein Personal Injury Lawyers today to learn more about your legal options, structured and lump sum settlements, and how our team of experienced, compassionate accident lawyers can help you on your road to recovery.
Toronto Region to test new personal injury trial scheduling process
Toronto personal injury lawyers can expect major changes to the trial scheduling process in Toronto Region courts this fall. The Toronto Sittings Project will see all two- to three-week personal injury cases scheduled during two four-week-long blocks in November 2017 and June 2018. Cases currently scheduled to be heard between September and December of this year will be heard during the November sittings, and cases scheduled for January to June 2018 will all be moved to June. Medical malpractice cases are excluded from the project because they are more likely to go to trial.
The current system
Personal injury trials make up approximately 60 per cent of all trials in Ontario, and the Sittings Project hopes to reduce inefficiencies that cause long delays in getting to trial. Because courts can’t be overbooked when trials are scheduled on a week-to-week basis, litigants are often unable to schedule a trial date before two-to-three years down the road. Project organizers and Toronto personal injury lawyers hope a new, more flexible scheduling approach will help the province process more cases more quickly, aided by the fact that many personal injury cases are settled without stepping foot in a courtroom.
“Now they might be able to put you on an earlier trial sitting and get your case heard or brought to a conclusion,” Mick Hassell of Hassell Trial Counsel told Canadian Lawyer magazine. “Most of them will settle. They’ll be able to do that a whole lot sooner.”
New approach
The new approach will not include a fixed schedule. Instead, parties with upcoming trials could be called to court at any point during the two four-week periods, allowing courts to book many more cases over that time.
“The law of average tells you that as long as you’ve set aside enough judges for that period of time, you’ll be able to get through all of those trials,” said past OTLA President and current member of the Toronto Civil Bench and Bar committee Adam Wagman to Canadian Lawyer. “And so really the point of this is to eventually provide earlier trial dates in that category of trials.”
A variety of complications could arise in this scenario, including scheduling conflicts with other regions.
“I think more lawyers are going to be double, triple and quadruple booking themselves, which is going to potentially cause delays across the province,” Ontario lawyer Sivan Tumarkin told. However, project organizers stated that “these months have been chosen because they do not conflict with sittings in Central West and Central East” regions.
Some Toronto personal injury lawyers are also concerned that a lack of fixed dates will make it difficult to secure expert witnesses, upon whom their case may depend. The project also does little to address the province’s judicial vacancies or the fact that Toronto’s judicial compliment has not grown with the past decades’ population surge.
If you or a member of your family has suffered a serious injury, contact Neinstein’s team of Toronto personal injury lawyers today to find out how our team of dedicated and experienced representatives can help.
2017 Shades of Ability Art Exhibition & Sale
The 2017 Shades of Ability Art Exhibition & Sale takes place June 22 at the Toronto Botanical Garden, Floral Hall, in Toronto. This unique event is a celebration of creativity that showcases the talents of amateur and professional artists living with a disability.
Our quality of life is enhanced by consuming and engaging with creative works. The Shades of Ability Art Exhibition & Sale provides an important creative and entrepreneurial platform for independent artists with physical disability to showcase their work.
The exhibition will feature drawings and original works in oil, watercolour, acrylic and mixed media. An expert jury will assess the works, distribute awards in each category, and name a ‘Best in Show.’
Neinstein Personal Injury Lawyers is a proud support of the Shades of Ability Art Exhibition & Sale. We hope to see you at the Botanical Garden on June 22 for a night of culture and artistic celebration.
Consensus reports in accident benefits cases come under fire
‘Consensus reporting,’ a practice that Law Times defines as “having an expert summarize the reports of all the other experts in a personal injury case,” has come under harsh scrutiny following Platnick v. Bent, a libel suit launched by Dr. Howard Platnick, a Toronto physician, against Maia Bent, former president of the Ontario Trial Lawyers Association (OTLA). Consensus reports have become a consistent thorn in the side of accident benefits lawyers, who worry about selective quoting to favour insurers.
The libel suit centred on warnings Bent posted to Listserve, an online forum available only to OTLA members, concerning Dr. Platnick’s use of consensus reports and questionable impartiality. The posts eventually leaked, leading to a reduction in Dr. Platnick’s business.
Superior Court of Ontario Justice Sean Dunphy rejected Platnick’s claim on the basis that “the portions of the email referring to the plaintiff appear to have been substantially true and correct or are fair and reasonable comment upon those facts.”
Beyond dismissing the case, Dunphy succinctly described precisely why accident benefits lawyers are so leery of consensus reporting.
“The reports are not an objective summary of the underlying medical reports themselves so much as a summary of the conclusions reached by Dr. Platnick himself, applying their expert observations to his own understanding of the operation of the SABS [Standard Accident Benefits Schedule] regulations and the criteria incorporated therein,” Dunphy wrote.
Personal injury lawyers have already responded with praise to the decision, Law Times reports.
“To some degree, [consensus reports] have become routine,” OTLA president Adam Wagman said. “Through important decisions like this, we can break the routine and shine a light on the problem that has existed for a long time.”
“As it stands, accident victims’ rights are eroding,” added Toronto lawyer Josh Nisker. “Historically, they’ve been reduced and still are being reduced. They don’t need, on top of restricted access, medical professionals engaging in this type of behaviour.”
To be clear, consensus reports may still be useful to accident benefits lawyers and their clients in certain situations. Justice Dunphy’s decision was, after all, a criticism first and foremost of Dr. Platnick’s standards. However, if they are to be used in the future, greater transparency must be incorporated into the process to ensure that insurance providers do not have undue influence over the matter.
If you or a member of your family has been injured and are seeking benefits, contact the accident benefits lawyers at Neinstein Personal Injury Lawyers today to learn how our team can help you access the compensation you need.
Robin Hood flour and food product liability
In April 2017, Smucker Foods of Canada issued a nation-wide recall of 10-kilogram bags of Robin Hood Original All Purpose Flour after more than 25 individuals contracted E. coli O121 linked to the product. The recall applied to roughly 10,000 bags of flour; if you believe you have been made ill by contaminated flour, contact a product liability lawyer right away.
“The risk is defined high enough that we want to make sure that consumers are aware of it,” said Fred Jamieson of the Canadian Food Inspection Agency (CFIA), according to the Toronto Star. “We don’t want them to continue consuming the product. We want them to throw it out or take it back to retail and to encourage people if they aren’t feeling well to seek medical aid.”
When a food product fails to uphold the standard of care owed to Canadian consumers, the affected individuals may be entitled to compensation. Consuming contaminated food, in most cases, may lead to unpleasant but not especially harmful afflictions like food poisoning or diarrhea. However, in rare instances illnesses obtained from contaminated food can require hospitalization or even be life-threatening. In these scenarios, a product liability lawyer can advise the injured individual on their legal options.
E. coli can cause a variety of serious symptoms, including nausea, vomiting, severe stomach cramps, and watery or bloody diarrhea. Some strains of the bacteria can even be fatal, as evidenced by the 2000 outbreak in Walkerton, Ontario. At least six people who consumed infected Robin Hood flour were hospitalized.
Food product liability lawsuits
Though contamination can cause serious health problems, it is not alone as a catalyst for launching food product liability lawsuits. Consumers are becoming increasingly aware of the profound impact of diet on overall health, and with that awareness has come an uptick in liability lawsuits. Companies that produce fast food, soft drinks, energy drinks, and sugary snacks have come under fire for failing to warn the public of their products’ harmful effects.
As we discussed in our recent post on the types of product liability, defects in marketing are a valid reason for contacting a product liability lawyer. ‘Manufacturers have a duty to instruct consumers on how to use their product and warn of any hidden risks it might carry,’ we wrote. ‘Warnings should be specific and conspicuous.’
If this is true, should all chocolate bar manufacturers inform their customers of the risks of sugar consumption? Will we soon see cigarette-style warning labels on Big Mac containers and Coca-Cola cans?
Contact Neinstein Personal Injury Lawyers today
If you have been made ill by consuming contaminated food, contact a product liability lawyer at Neinstein Personal Injury Lawyers today to set up a free, no-obligation consultation. Food product liability lawsuits are complex and tricky to litigate, and our team can advise you of your chances for compensation.
Image credit: Mudd1/Wikimedia Commons
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