Blog – Neinstein Personal Injury Lawyers
Support mental health awareness at the Put Up Your Dukes
(Photo credit: CAMH Foundation/Flickr)
Mental illness can be a silent killer and it’s affecting 1.2 million Canadian youth and children under the age of 19. Unfortunately, only one quarter of them will get help.
To make matters worse, half of these youth also battle against a concurrent disorder, such as drug or alcohol addiction at the same time.
Put Up Your Dukes on Nov. 13 is an annual fundraising event that aims to raise awareness and understanding about mental illness and addiction. It aims to put an end to the stigma that Canadians with mental illness face.
The event was founded by one of our lawyers, Harv Lewin, in 2011 to celebrate the life of Ryan ‘Duke’ Lewin.
Help us raise money for the Centre for Mental Health and Addiction (CAMH), which will go towards the Lewin Family Living Learning Room, and enjoy a fun night packed with entertainment, cocktails and great food at the Urban Underground at 6:30 p.m.
Entertainment includes magicians Adam Swag and Dan Trommater, music by The Garden Band with special appearances from Roberta Harrison, lead singer for the Wild Strawberries, and Aja Neinstein, recent winner of Perez Hilton’s Can You Sing, DJ Jody Litvack and artist Jessica Gorlicky.
We look forward to seeing you there in supporting this great cause.
Follow Ontario’s Move Over Law
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How do you react when you hear sirens behind you?
Ontario’s Move Over Law has been around for over a decade, but drivers are still unsure of how to react. Since the law came into effect in 2003, there’s been over 11,000 charges related to drivers not following the proper protocol.
In fact, the number of charges laid has seen a steady increase since 2010. Last year, the OPP laid 1,502 charges related to the law, while there were 1,067 charges in 2010.
While driving on the highway, if you see an emergency vehicle parked on the side of the road with its emergency lights on, drivers are required to slow down. If there are multiple lanes on the highway, the driver is required to safely shift over and leave lane between their vehicle and the emergency vehicle. If it’s not possible to do so safely, then the driver at least needs to slow down below the speed limit. Failure to do so could result in fines between $400 to $2,000, as well as a three demerit point penalty.
“With the higher volumes of traffic on long weekends, police and other emergency personnel respond to far more calls for service at the roadside, making it a particularly important time to move over a lane when able to do so safely,” said Chief Superintendent Chuck Cox, Provincial Commander of the OPP Highway Safety Division, in a press release.
The law was put into place to protect emergency personnel while they work roadside. Since 1989, there have been five OPP officers who have been killed and others injured while operating roadside during an accident scene.
Also, provincial politicians have proposed a similar law to protect tow truck drivers as well. It would require drivers to follow the same protocol if they see a tow truck stopped at the side of the road.
Two years ago, there was a tow truck driver who was helping another motorist fix a flat tire when he was killed by a passing car, according to CBC News.
“Every time I send one of my drivers out, I’m terrified. If I send them out on a highway … or even just a busy street in town, I’m terrified,” the boss of the deceased two driver told CBC News. “It’s not what my driver does, it’s what other people do.”
If you’ve been involved in an accident or you think you may have caused an accident is a scary experience for anyone, but it’s important to remain at the scene. If you’re looking to be a Good Samaritan and help out at a motor vehicle accident, there are some steps you can take to ensure that you’re safe as well.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Adverse events from off-label prescription drug use
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When we visit a doctor or a hospital, we trust that the medication they prescribe us will help us get better. It turns out that sometimes they’re prescribing us medication that hasn’t been approved for a certain age group or the current ailment you have, which is known as off-label drug use.
Before drugs are released on the market, pharmaceutical companies are required to put the drug through extensive clinical trials that details the medication’s safety, the drug’s effectiveness and any unintended side effects. Health Canada will then approve the drug’s use, but only for an intended purpose and a certain demographic.
Sometimes doctors will prescribe a drug to be used off-label, which can sometimes be beneficial and sometimes lead to adverse events. Unfortunately, there have been cases where its off-label use causes fatal side effects. Previously, Health Canada didn’t make that information public. It releases data about the side effects caused by the prescription, but it doesn’t include the data about whether the prescription was given off-label.
But after a recent investigation done by the Toronto Star, Health Canada and the Minister of Health announced in July that this information will be publically released, but there’s been no timeline on when the data will be available.
In the Toronto Star investigation, they found a case of a teen girl who died after she was prescribed the antibiotic minocycline to treat her acne. She later died from her immune system attacking her organs and body. In another example cited, a 23-year-old woman was prescribed valproic acid, an anticonvulsant, to handle her “irritability,” but the drug led to a kidney cyst and a disorder in her nervous system before she died.
Sometimes these off-label drugs are being prescribed without much evidence backing up their effectiveness and in some cases, they do more harm.
One such case is when pregnant women were prescribed an anti-nausea drug, ondansetron, to help them handle morning sickness. The drug wasn’t approved to treat pregnant women and another Toronto Star investigation found that the drug could be responsible for baby deformities of at least 20 mothers, along with the death of two infants.
A panel organized by Health Canada also found that of the 3.5 million children who take at least one prescribed medicine a year were usually given something off-label, which also put them at a greater risk of health issues, according to CBC News. In Canada, only 14 per cent of the clinical trials are aimed at children and the panel called for more research to study a child’s response to medication.
Doctors learn about possible off-label uses through various ways, but pharmaceutical companies are not allowed to market the drug’s off-label uses. The US polices this strictly, which led to $5 billion of settlements in 2012 related to illegal promotions, according to the Toronto Star. But it appears that Health Canada isn’t taking the same tough stance, even with some of the prosecuted companies selling those same drugs here.
If you’ve been injured by negligence by a doctor or healthcare worker, you can be compensated. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 years including injuries from medical malpractice. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Spike in streetcar collisions this fall
(Photo credit: Robert Taylor/Flickr)
If you spot a streetcar on Toronto’s roads, it’s important that you double check whether it’s stopped or coming to a stop before you cross in front of it.
This fall, there’s been a spike in streetcar collisions with three of them occurring within a three week time frame.
In early October, a cyclist was struck by a streetcar near the intersection of Queen Street West and Spadina Avenue during the early morning hours. The cyclist was taken to the hospital with a serious head injury, according to the Toronto Star.
A 73-year-old pedestrian was pronounced dead on the scene after suffering “massive trauma” when she was struck by a streetcar at the end of September, according to CBC News. The woman was jaywalking near St. Clair Avenue and Keele Street in the middle of the day. The TTC driver tried to stop by applying the emergency brakes, but the crash couldn’t be prevented. Streetcar safety is being investigated after a new shopping mall has led to more frequent jaywalking, says CBC News.
While in mid-September, a 79-year-old pedestrian was hit by the streetcar when he was trying to cross St. Clair Avenue West near Yonge Street during the evening, according to CBC News. He was in life-threatening condition when he was taken to the hospital and he died at the hospital.
Streetcars take a longer time to stop and it’s important that pedestrians and cyclists ensure that the streetcar driver sees them before crossing in front of it. Pedestrians should avoid jaywalking and cross the street at crosswalks since they offer better lighting, especially during the evening. Also, if you’re walking along the streets at night, you should wear brightly coloured clothing and avoid texting or listening to music when crossing the road.
On the other hand, the city may want to consider more dedicated streetcar lanes since it could decrease pedestrian-motor vehicle collisions by 48 per cent, according to recent research by the Hospital for Sick Children. When drivers and streetcars share the same lane, it puts pedestrians at risk when they walk onto the road to catch a streetcar. SickKids studied St. Clair Avenue West’s dedicated streetcar lane that was completed in 2010 and along with a drop in accidents, the incidents were also more spread out along the route with fewer accidents at major intersections, such as Bathurst and St. Clair and Dufferin and St. Clair.
“Some explanations for this could be better separation of pedestrians from motor vehicle traffic. The barriers along the platforms force pedestrians to cross the street at the light, rather than jaywalk from the middle of the street,” said Dr. Andrew Howard, principal investigator of the study and Senior Scientist in Child Health Evaluative Sciences at SickKids, in a press release.
“The new design also prevents cars from going straight through St. Clair or turning left from streets where there is no signalized intersection, thereby reducing pedestrian motor-vehicle contact.”
Between 2000 to 2011, there were 441 collisions on St. Clair Avenue.
When streetcars stop and open its doors, drivers are expected to stop behind the vehicle. Unfortunately, sometimes this isn’t the case and pedestrians should always look both ways before disembarking.
Last year, pedestrian-vehicle fatalities hit a 10-year high and with the end of daylight savings time on the horizon, there’s an even higher chance of pedestrians involved in motor vehicle collisions. Studies have also shown that countdown crosswalks could even lead to more accidents.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Being involved in a hit and run collision is much worse
(Photo credit: Richard Masoner/Flickr)
Motor vehicle collisions can be harrowing incidents for everyone involved.
If you suspect you caused an accident, you may be afraid to deal with the consequences, but you are legally and morally obligated to remain at the scene of a crash. If you don’t, you’re putting yourself in a far more serious situation with the possibility of criminal charges being laid against you.
Whether or not there’s property damage, you must stay and check the other party is uninjured or assist them, if needed, and exchange contact information then remain on the scene until the authorities arrive for further investigation.
If you don’t, you could be charged with a failure to stop at the scene of an accident, which could lead to a maximum jail term of five years. If the driver has fled the scene of the accident caused bodily harm, you could be sentenced to the maximum punishment of ten years in jail. If the accident involves bodily harm or death and the other driver is aware the other party is hurt or dead, you could be sentenced to a jail for life.
In a recent accident in early August, OPP are searching for a vehicle that struck an 82-year-old woman as she was walking along Hwy. 400. The elderly woman had been reported by missing by her family a few hours earlier and police were called to the area after they received a call about a woman walking on the highway. By the time police arrived, the woman had been hit and was found on the ground. Police found evidence of the vehicle, which includes damage from its passenger side and its mirror.
Also, this past June, a man was handed a five-year prison sentence, two years of probation and 100 hours of community service for a hit-and-run collision that killed a Western University student in May 2012. The driver pled guilty to leaving the scene of the accident causing death after he struck the 22-year-old who was jogging home after spending time with his friends, according to CTV News.
Two men were also convicted for a hit-and-run collision outside of Brockville, Ont., where upon discovering the body in their truck, they dumped it in a skateboard park. The driver was charged with failing to remain at the scene of the accident and indignity to a dead body and he was sentenced to a two-year jail sentence, less a day, according to CBC News. The passenger was charged with impaired driving and indignity to a dead body and he was sentenced to 18 months of imprisonment.
Accident benefits are available to anyone involved in a motor vehicle accident regardless of their role in the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Airbag recall hits auto industry
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Cars have safety features in place to protect its occupants during an accident. Airbags are one of the features that prevent occupants from feeling the brunt of the impact when hitting another object.
Recently, car manufacturers Honda, Nissan and Mazda recalled vehicles around the world due to possibly defective airbags by Japanese company Takata Corp. Honda recalled vehicles produced between 2000 to 2005, Nissan recalled vehicles produced between 2001 to 2003 and Mazda recalled vehicles produced between 2002 to 2004.
BMW recently followed suit by recalling vehicles between 2000 to 2006 for the same issues.
While no accidents have occurred, the recall of about three million airbags was taken as a precaution. The U.S. National Highway Traffic Safety Administration received complaints last August that airbags failed due to high humidity levels in two places, Puerto Rico and Florida, according to CBC News. In these cases, the airbags ruptured and occupants were injured by the abnormal impact.
Airbags essentially cushion the impact by acting as soft pillow for us to land on. All cars are required to have airbags in the driver and passenger sides of the vehicle and they provide protection to passengers. Children may want to sit in the front, but they should remain in the back, unless they’re older than 12, since they’re more likely to be severely injured during an accident, a spokesperson with Parachute Canada told the Globe and Mail. Sometimes when an airbag is triggered, it can injure the child. While there are no laws requiring parents to prevent their kids from sitting in the front, it’s for their own safety to sit behind. (Also, children can be more distracting while sitting beside you.)
Also, airbags aren’t meant to deploy in all accident situations. For example, if you hit a curb, you don’t want the airbag to deploy. Manufacturers make decisions on when airbags should deploy, which is based on the speed change of the vehicle, the weight of the object hit, the hardness of the object and the amount of impact the vehicle faces. Before an airbag will deploy, the seatbelts should tighten to keep you snug in your seat.
If you are concerned about your airbags, contact your car’s manufacturer or get in touch with Transport Canada for any information about recalls or defects.
Drivers have a right to feel safe in the vehicles they operate and they should feel confident all safety features are fully functional to handle a worst case scenario. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all product liability issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a motor vehicle accident. Accident benefits are available to drivers, regardless of who caused the accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Robots coming to operating rooms near you
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With technology evolving rapidly, it’s no wonder that researchers have stepped up to the plate and created robots to assist with surgeries.
Robots have gained popularity in operating rooms because they’re able to do procedures in a minimally invasive manner.
Using robotic surgery for children with heart diseases cut down the recovery time needed in a hospital with surgeries resulting in less trauma and scarring, but operations lasted half an hour longer, according to a study by the University of Michigan Congenital Heart Center.
Children operated on by the da Vinci robot for a rare cardiovascular heart defect needed two days of hospital recovery, while children operated on by a surgeon for the same condition had a four-day recovery period.
The da Vinci robot inserts a miniature camera into the surgery site and gives surgeons an enhanced 3D view of the area. Doctors sit behind screen to control the robot’s hands to conduct the operation. It can be used in multiple types of surgeries including prostatectomies, hysterectomies, nephrectomies and some cardiac surgeries.
The robot has gained notoriety in the medical sector in the United States with 1,370 hospitals using them, but Canadian hospitals have been slower in their uptake due to the cost of these systems with only a dozen surgical robots being used in big city hospitals, according to a 2013 article published in the Canadian Medical Association Journal.
Doctors across Canada are using the robot to conduct ground-breaking surgeries including removing a penny-sized lung tumour at the Toronto General Hospital, removing a pancreatic tumour at the Jewish General Hospital in Montreal and conducting a coronary artery bypass procedure at the London Health Sciences Centre University Hospital.
In Canada, a prostatectomy is the most common procedure done by the surgical robot and cardiac surgery is done the most infrequently, according to the Canadian Agency for Drugs and Technologies in Health.
Unfortunately, mistakes happen in emergency rooms which can lead to complications that have a large impact on someone’s life, whether it’s due to a nurse’s heavy workload or the hospital weekend effect. Canadian hospitals are continuing to improve their care through better quality control with diagnostic images or new drug legislation to remove dangerous drugs from shelves sooner, but
While these machines are meant to improve a patient’s health, it’s important to be aware of the facts before deciding whether you would prefer a robotic-assisted operation or a surgeon operating on you.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 years including injuries from negligent medical workers. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
GM cars could soon detect distracted driving
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Distracted driving is now a major factor behind many automobile collisions, overtaking fatal accidents caused by intoxicated driving in Ontario. While distracted driving have become steeper and police are thinking creatively to nab people in the act, GM is taking it a step further.
A report by the Financial Times says the automobile company is looking to install cameras supported by algorithms that track your eye and head movements. This technology will be able to formulate a 3D image inside the vehicle and if your head is looking down at your cellphone, the technology will notify you that you’re not spending enough time looking at the road ahead. It can even tell you when you’re not checking your rear view mirror enough.
This new technology will be supplied by Seeing Machines to Takata, a GM supplier, and it’s expected that this tech will be installed in 500,000 vehicles between the next three to five years.
While this technology could be helpful to drivers, it also brings up privacy concerns for users. Anyone who chooses to purchase a vehicle with this technology should be explicitly told what specific information the vehicle will collect, what will the information be used for and who may access this information. The company should also need to receive explicit consent from the consumer and it’s always nice to know how the company plans to protect your data from getting into the wrong hands.
When technology for usage-based insurance was announced in Canada, it offered an opportunity for good drivers to pay lower insurance rates for good driving habits, but there were also privacy concerns raised since the device collects detailed information on a person’s driving habits.
While Ontario’s Privacy Commissioner Ann Cavoukian praised Desjardins’ policies on its telematics devices, drivers should also be aware that information collected by the devices could be used by the police during an accident or even in a lawsuit, according to CBC News.
But GM isn’t the only company looking to curb distracted driving with Samsung testing an app in Singapore that’s able to determine whether you’re driving or not based on the speed you’re travelling at. If the app determines you’re driving, it’ll hold your phone calls, messages and social media notifications.
This year, the OPP focused on distracted driving during its Labour Day safety education blitz, but two fatal crashes out of four over the weekend were still a result of distracted driving. So far this year, there have been 39 deaths caused by distracted driving and the OPP have issued 11,500 tickets for distracted driving, according to Metro News.
The Internet of Things is gaining popularity as technology is becoming more deeply embedded in our everyday lives. Dashboard cameras look to be gaining popularity in Canada as video evidence of a crash to show insurance companies, but it could also be used as evidence in a court case. The US government also encouraged all automobile companies to install technology that goes as far as preventing drivers from driving while unbuckled or drunk. Vehicles also offers cruise control that adapts to the speed of vehicles ahead of it (adaptive cruise control), blind spot detection in your side mirrors and automatic parking assistance that lets the car takeover the parking job.
Also, the announcement of Google testing out driverless cars has caused a great deal of discussion since it might offer a choice to seniors who are no longer able to operate a vehicle, but there’s also the question of who is liable during an accident. Either way, it looks like it’s years in the making since there are many obstacles the company needs to conquer first, but more and more technological capabilities being incorporated into our vehicles is on the horizon.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
How to be a safe Good Samaritan during motor vehicle accidents
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It seems like an unfortunately common tale. Someone’s vehicle is having car issues or they’ve been involved in a minor accident. Another driver acts as a Good Samaritan, they exit the vehicle to help a person out. The next thing you know, they’ve been hit by another driver and now they’re involved in a motor vehicle collision.
There are many cases where Good Samaritans are able to help drivers in grave danger, but there are also scenarios where they’re hurt instead.
In March, a Kitchener woman died during an attempt to help a stranded motorist west of Collingwood, Ont. Her and her husband spotted the driver who’d been involved in a collision due to whiteout conditions on the highway, according to the Barrie Examiner. She was struck by an SUV who slid out while approaching the scene.
In February, a 21-year-old man from Ottawa was killed on his way to work after he stopped to help a driver involved in an accident. He was travelling on the Highway 400 towards Toronto, when he drove past an accident where a van had flipped and landed on its roof with the driver trapped inside. After pulling over to a shoulder of the highway, he approached the car, but he didn’t see an incoming tractor-trailer, which killed him, according to the Ottawa Citizen.
In 2012, a Good Samaritan got out of his vehicle to help another driver change his flat tire west of Edmonton. The man was putting out hazard triangles on the highway, when he was struck in a hit and run incident, according to the Edmonton Sun. Recently, the family filed a $1 million negligence lawsuit against the driver, which includes allegations such as driving without due care and attention, driving negligently and operating a motor vehicle while impaired.
While we always want to stop and help, it’s important to assess any risks to your safety when aiding someone involved in a motor vehicle accident. During white out conditions or times of low visibility, the safest thing for everyone involved is to stay in vehicle, no matter how much you want to help, and call 911.
There are some steps you can take to ensure your own safety if you’re involved a motor vehicle accident or handling car repairs or if you’re looking to help someone else.
The first step is to get out of traffic. Safely pull over to the side of the road and while you may be distracted or shaken up, you need to keep yourself safe from other potential accidents. You can also prevent other motorists from being hurt too while they drive by.
Make sure your vehicle won’t be clipped or pushed into traffic by another driver by turning your wheels away from the road and turn on your hazard lights, no matter the time of day, to warn others.
Once you’re in a safe position, call roadside assistance and describe the issue to them. They will advise you on next steps, but if you’re on a busy road or highway, it’s much safer to wait inside your vehicle. If it’s too warm, make sure to exit from the passenger side and stay far away from the road until help arrives.
If you feel that you’ve caused a motor vehicle accident, you may be apprehensive on how to handle the situation. Your first reaction is to stay and avoid having a hit and run case. Watching out for distracted pedestrians, driving at speed limit and even installing a dashcam can go a long way keeping you safe.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Girl dies after being pinned underneath a soccer goal post
(Photo credit: Andy Elck/Flickr)
Summer is time to play outdoors in parks and with the recent World Cup craze, you’ll probably see more kids kicking around soccer balls. But one thing you don’t expect is the danger some goal posts pose to children.
In late July, a 15-year-old girl was killed when a soccer net fell and trapped her underneath. The friend she was playing with was unable to lift the net up and called 911, but the girl died at the hospital.
The park where the incident happened is owned by the Portuguese Cultural Centre and managed and maintained by the Town of Bradford West Gwillimbury leisure services, according to the Toronto Sun. While the area has locked gates and a “No Trespassing” sign, an employee of the centre told the Toronto Sun that they’ve had issues with trespassing.
The incident could be classified as a freak accident, but there are other similar situations that have happened across North America.
In 2012, a five-year-old girl was killed in the Yukon when a soccer net on school grounds fell over and struck her on the head. She was playing with her friends and her parents were nearby when the incident occurred.
Since the incident, the Yukon government removed all moveable soccer nets from school grounds across the province while they looked into potential safety issues, according to CBC News.
“It’s been recognized for a long period of time that goal posts that are improperly anchored can cause injury and in fact there are several recorded fatalities from falling goal posts,” Charles Tator, a Toronto-based neurosurgeon and founder of Think First Canada, a brain and spinal cord prevention agency, told CBC News.
Soccer goals are typically made out of metal and they can weigh between 150 to 500 pounds. Across North America, there have been 39 deaths and 56 injured children, including head injuries, spine injuries and facial injuries, related to falling soccer goal nets between 1979 to 2014, according to Anchored for Safety, a US-based non-profit created by a family who lost their son to a similar incident.
In Canada, soccer is the most popular team sport played with 767,000 children between the ages of three to 17 playing organized soccer, according to the Canada Youth Sports Report. It’s the top team sport for all regions across Canada and also for both boys and girls of different age groups. It’s assumed to be a safer sport, but there’s new research discovering the danger of concussions to children
If you’ve suffered from a spinal cord or a head injury, your lifestyle will have changed dramatically. Neinstein Personal Injury Lawyers is here for you and we have been handling all types of injuries for over 40 years. We understand the impacts they can have on you and we can help fight your case. Call us at 416-920-4242. Set up a free consultation and come chat with us.
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