The U.S. Supreme Court gave a victory to patient lawsuits against drugmakers, upholding a $7 million award to a woman who lost her arm after being injected with Wyeth’s Phenergan nausea treatment. The Court, in Wyeth v. Levine, voting 6-3, said patients can use state product liability statutes to bring…
According to new statistics from the Centers for Disease Control, Arkansas is the third most dangerous state for driving. The average annual motor vehicle-related death rate was highest in Mississippi (31.9 per 100,000 population), followed by Wyoming (27.7), Arkansas (25.6), Montana (25.6), and Alabama (25.1). The study also found that…
The Nursing Home Reform Act of 1987 states that the resident has a right to be free from physical or chemical restraints for the purpose of discipline or convenience. Since this nursing home law was passed, the percentage of nursing home residents that are restrained has dropped. According to Medicare,…
The Arkansas Supreme Court ruled February 12, 2009 that a 2007 state law which allowed charitable hospitals’ risk pools to be sued directly should be applied retroactively. For over 100 years, Arkansas has recognized the doctrine of charitable immunity. Unfortunately, this doctrine affects the rights of injured victims of hospital…
Arkansas is the only state without a trauma center to deal with people who suffer a personal injury. Currently, the Arkansas Legislature is debating a plan to institute a trauma system. Unfortunately, a similar plan was defeated in 2007. Hopefully, this will not happen again. According to government statistics, 15,000…
Four students from the Pine Bluff School District were taken to Jefferson Regional Medical Center for injuries after an accident involving the school bus they were riding on. Police said the bus was northbound on Main Street near 27th Avenue when it ran off the road, hit a culvert, then…
The Americans with Disabilities Act was originally signed into law in 1990. Unfortunately, the Federal Courts made lawsuits under the act more and more difficult for disabled Americans since its adoption. Therefore, the United States Congress passed amendments to the ADA and these were signed into law September 25, 2008.…
The Arkansas State Police announced that they are collecting data on traffic accidents related to text messaging to determine how much of a problem the practice is in Arkansas. The standard accident reports now have a new information box for troopers to fill out while investigating a crash. When filled,…
A new report entitled Trends in Nursing Home Deficiencies and Complaints was released September 28, 2008 by the United States Department of Health and Human Services. This report is the product of the Government’s attempt to address the chronic and systemic problem with nursing home care. Unfortunately, Arkansas nursing homes…
How to get medical bills paid is a common question after suffering a motorcycle accident in Arkansas. Luckily, there are several ways to get them paid. First, many people have health insurance that will cover accident related medical treatment. This is the best option for most people. The second way…