Arkansas Injury Lawyer Blog

A Win for Injured Arkansans – Patient Wins Drug Product Liability Case in Supreme Court

March 4, 2009 | Paul Pfeifer

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 a case that involves companies failing to provide adequate safety warnings for dangerous drugs. In this case, pharmaceutical makers argued that they were shielded from lawsuits by the Food and Drug Administration’s approval of a treatment and its packaging information. However, the U.S. Supreme Court disagreed.

“Congress did not intend FDA oversight to be the exclusive means of ensuring drug safety and effectiveness,” Justice John Paul Stevens wrote for the court.

The ruling is a defeat for drug companies in a case that might have given them a shield from product liability suits in Arkansas and all other states. Justices Anthony Kennedy, David Souter, Stephen Breyer, Ruth Bader Ginsburg and Clarence Thomas joined Stevens in the majority.

Arkansas Ranks Third In Car Accident Death Rate

March 3, 2009 | Paul Pfeifer

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 men are twice as likely to be killed in an auto accident than women. According to the Community Guide of the Centers for Disease Control, motor vehicle related injuries kill more children and young adults than any other single cause in the United States and are the leading cause of death from injury for people of all ages.

The CDC claims proper use of lap and shoulder belts can reduce the chance of death in a traffic accident by 45 percent, and the likelihood of serious injury by 50 percent. In my practice, I have seen numerous times when a seat-belt saved a life. I have also reviewed cases where seat-belt and airbag malfunctions proved catastrophic. Car accident injuries continue to be a serious problem in Arkansas. Although seat-belt use cannot fully protect against injury, it is an important tool that we should all use. Please wear your seat-belt and if you would like to speak with an attorney about a recent car accident, please contact a car accident attorney today to guarantee your rights are protected.

Restraints in Arkansas Nursing Homes

February 20, 2009 | Paul Pfeifer

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, an average of 21.1% of residents were restrained daily in 1991. That percentage dropped to 8.5% in 2003 and continued to drop to 5.5% in 2007. Unfortunately, according to a recent USA Today article, Arkansas is one of four states that has a greater than 10% use of restraints in nursing homes according to a 2007 report.

Fortunately, Arkansas nursing home residents’ families can access a nursing home’s quality measures through the Nursing Home Compare government website. I highly recommend that all families that have a loved one in an Arkansas nursing home review this nursing home information before placing their family member in an Arkansas nursing home. Along with use of physical restraints, the quality measures include the percentage of nursing home residents who suffer moderate to severe pain, the percentage of Arkansas nursing home residents that suffer pressure sores, the percentage of nursing home residents with urinary tract infections, and the percentage of Arkansas nursing home residents who lose weight during their residency. The review of this information is one tool that a family can use to decide where to place their family member when nursing home care is needed.

If you suspect a loved one has suffered from nursing home abuse or neglect, please contact an Arkansas nursing home abuse lawyer to discuss your legal options.

Hospital Malpractice in Arkansas

February 13, 2009 | Paul Pfeifer

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 malpractice in Arkansas. In essence, Arkansas hospitals that are charitable are immune from suit. Fortunately, the Arkansas legislature has granted injured Arkansans the right to a sue a hospital’s insurance company directly under the Direct Action Statute. Additionally, in 2007 the Arkansas General Assembly amended the Direct Action statute to allow a plaintiff injured by malpractice to also sue any self-insurance fund, pooled liability fund, or similar fund maintained by a medical care provider. Prior to this amendment, several Arkansas hospitals attempted to undermine the direct action statute by using a risk pool instead of carrying liability insurance. This 2007 amendment was designed to stop this injustice from happening.

The Arkansas Supreme Court recently ruled that the 2007 amendment would apply retroactively to lawsuits filed before the 2007 Act was passed. Although I would prefer that Arkansas follow most other states and do away with this archaic rule, this is a small victory for injured Arkansans. If you or a loved one has suffered an injury due to malpractice in an Arkansas hospital, it is important that you contact an Arkansas malpractice attorney to discuss your legal rights.

Arkansas Trauma Center Needed

January 30, 2009 | Paul Pfeifer

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 people are hospitalized with injuries in Arkansas. Of those, 2,000 people die from their personal injuries and 6,000 suffer permanent disabilities each year. Arkansas has the third highest death rate in the country from motor vehicle accidents. According to the U.S. Centers for Disease Control and Prevention, there are 25 deaths per 100,00 people annually in the state compared to a national average of 15.2 per 100,000.

It is time that the Arkansas Legislature act and develop a trauma system to help people who suffer a personal injury in Arkansas. State health officials state publicly that a trauma system would prevent an estimated 2,000 disabilities and save 200-600 lives of Arkansans who don’t get appropriate care fast enough.

Arkansas School Bus Accident

January 9, 2009 | Paul Pfeifer

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 came back on the road and struck a utility pole in front of Carpet Barn before finally coming to rest at 27th and Main.

The driver of the bus reported that he moved the bus over to avoid a vehicle that was southbound and slipped off the road. Police report that an investigation into the accident is continuing and Hines was issued a citation for failure to maintain control.

The Americans With Disabilities Act in Arkansas

December 10, 2008 | Paul Pfeifer

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. These amendments take effect January 1, 2009.

In enacting these amendments, the Congress stated that the original act was to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. The amendments also clarify that the ADA was intended to provide broad coverage. The findings and purpose of the amendments reject the narrow interpretation that the United States Supreme Court and lower courts interpreted the ADA to cover in the years after its original adoption.

Specifically, the act:

Cell Phone Text Messages Causing Car Accidents in Arkansas

November 3, 2008 | Paul Pfeifer

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, it denotes the use of an electronic device such as a cell phone while driving.

According to Hillary Davidson of Jonesboro, whose father died in a traffic accident, she wants state lawmakers to pass a law that specifically prohibits text messaging while a driver is behind the wheel. She plans to meet with state legislators to ask them to sponsor a bill. Davidson’s father, Paul Davidson, died July 14th after his vehicle was hit by another vehicle, driven by a man who told police he was sending a text message. Further, this behavior has gained national attention due to the September 25th Metrolink train crash in California. The crash occurred immediately after the engineer sent a text message.

Although cell phone use and text messaging while driving may not be against the law, their use can be the basis of a negligence action if they cause a car accident in Arkansas. I have successfully argued that a driver was negligent because he was using his cell phone when he did not “see” my client before a car accident. He tried to argue that my client was partially at fault but we were able to show that he was using his cell phone at the time of the wreck and was not paying attention. It is important to gather this information in the discovery phase of a claim or lawsuit. Cell phone records can be subpoenaed from the phone company. This is an important tool that can make the difference in a car accident claim. If you have suffered an injury due to a car accident, please contact me to discuss your rights and determine what information is needed to make a fair recovery for you and your family.

Trends in Nursing Home Deficiencies in Arkansas

October 8, 2008 | Paul Pfeifer

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 did not do well in the report. According to the Inspector General, 97.9 percent of the nursing homes in Arkansas were cited for deficiencies. The most common deficiency categories were quality of care, resident assessment, and quality of life. The government report also found that for-profit nursing homes were more likely to be cited than non-profit or government homes.

Although this report is not surprising, it shows that nursing home patient families must keep a watchful eye on the care given to their loved ones. Some of the most common injuries and signs of neglect concern pressure sores(also known as bed sores), dehydration, malnutrition, infection, falls, hygiene, elopement, medication errors, assault and death.

Arkansas Motorcycle Accident – Paying Medical Bills

September 21, 2008 | Paul Pfeifer

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 to get medical bills paid is through the insurance company of the person responsible for the accident. Many people do not know that Arkansas Law allows an injured motorcyclist, pedestrian, or bicyclist to get their medical bills paid by the No Fault or PIP insurance policy of the negligent driver. The same law allows the injured person to recover income disability benefits to cover lost income.

I recently had an insurance company adjuster not know that this law existed in Arkansas. However, after showing the adjuster the code section, I was able to get my client the necessary medical treatment for his injuries from a motorcycle accident. If you or a member of your family is involved in a motorcycle or bicycle accident, please contact me at 501-374-4440. Let me explain your rights under Arkansas Law.