Treat concussions seriously; your life may depend on it

By Paul Russell, LegalMatters Staff • Concussions are common injuries in Canada but their potentially devastating impact is often misunderstood, says Ontario personal injury lawyer Joshua Goldberg.

“A concussion is a form of a traumatic brain injury that happens when the brain is shaken within the skull,” says Goldberg, principal of Joshua Goldberg Law. “It cannot be seen on X-rays, CT scans or MRIs, but the risks are very real.”

Although the adverse effects of a concussion – including headaches, nausea, vomiting, balance problems or blurry vision – sometimes pass within hours or days, some people still suffer months after the injury.

According to a study published in the journal Brain, almost half of people with concussions still show symptoms of brain injury six months later. 

“A concussion may affect the way a person thinks, feels and acts,” says Goldberg.

Concussions lower quality of life

He cites a media report that states that 30 per cent of children and adults will have “persistent problems after a concussion that lower their quality of life and hinder their return to work, sport, school and other activities.”

According to Canadian government information, most “people recover in 10 days to our weeks, but recovery times can vary. Children and youth typically take longer than adults to recover from a concussion.”

It states that people are urged to seek medical care if they are having:

• neck pain;
• double vision;
• loss of consciousness;
• seizures or convulsions;
• repeated vomiting;
• a severe headache; or
• weak, tingling or burning feeling in arms or legs.

“Even if you don’t pass out, you can still suffer a concussion,” Goldberg tells LegalMattersCanada.ca. “With any head injury, it is always a good idea to seek medical attention right away.”

He says it is also essential to have someone observe you for a few days after you have injured yourself.

“Everyone experiences concussions differently and symptoms can take hours or days to develop,” Goldberg says.

Difficult to know how often concussions occur

Since many people do not seek treatment for concussions it is difficult to say how many occur each year. According to Brain Injury Canada, about 200,000 Canadians are diagnosed with a concussion each year, based on hospital and doctor reporting.

“The actual number could be twice that,” says Goldberg, pointing to information in the Journal of Head Trauma Rehabilitation that states that each year approximately 1.2 per cent of the population suffer concussions, which would be equivalent to 400,000 of these injuries in Canada.

According to the Canadian Paediatric Society, concussions, also known as mild traumatic brain injuries, are a prevalent cause of global morbidity in children and youth.

“Traumatic brain injury is the leading cause of pediatric trauma death and disability worldwide, with concussions comprising 80 to 90 per cent of all brain injuries,” the society states.

Sports lead to head injuries

Concussions can occur in high-contact sports such as football, soccer, hockey and basketball. They typically result from direct blows to the head, collisions, falls or any forceful impact that causes the head to move rapidly.

In 2013, 17-year-old Ottawa student Rowan Stringer died after suffering multiple concussions playing rugby. Her death prompted the passage of Rowan’s Law in Ontario. It requires all sports organizations, schools and other amateur athletic organizations to have concussion protocols in place with coaches and others trained to recognize concussion symptoms.

“If an athlete is suspected of having sustained a concussion during a game, they must be removed from play immediately and given proper care,” says Goldberg.

Concussions are also common in professional sports. A Columbia University study looked at the mortality rate of National Hockey League enforcers (players designated to physically respond to cheap shots or violence aimed at any of their teammates) versus other players. The study found enforcers with “50 or more career fights or three or more penalty minutes per game died 10 years earlier and more often of drug overdose and suicide.”

The study said the early deaths of enforcers such as Rick Rypien (aged 27 years), Derek Boogaard (aged 28 years), Wade Belak (aged 35 years), Steve Montador (aged 35 years) and Bob Probert (aged 45 years) “have drawn attention to the potential health consequences of fighting.”

Children are at risk

A study led by the Ottawa-based CHEO Research Institute found young people who sustain a concussion are 40 per cent more likely to have mental health issues, psychiatric hospitalization and self-harm compared to those who sustain an orthopedic injury such as a broken bone.

“Among children and youths aged five to 18 years, concussion was associated with an increased risk of mental health issues, psychiatric hospitalization, and self-harm compared with children and youths with an orthopedic injury,” the study concludes.

“Depending on how your concussion occurred, you may be entitled to compensation to cover health care costs, therapy, lost wages or damages for pain and suffering,” says Goldberg. “If you suffer a head injury, see a doctor immediately. That is not only good for your health but medical records will be valuable assets if you later should you decide to file a claim for compensation.

“Concussions happen far more often than many realize and I believe their long-term consequences are far more severe than anybody knows,” he adds.