Personal Injury Law

FDA Announces Safe Use Initiative

Posted on November 18, 2009
On November 4, 2009, the FDA introduced its "Safe Use Initiative," an effort to collaborate with the health care field to reduce the preventable harm resulting from medication use and misuse. The Initiative is in response to the millions of consumers who are harmed each year because of the misuse of medications...

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Posted on November 17, 2009
Originally posted at InjuryBoard by Steve Klearman

Beware of Unapproved H1N1 Products

Posted on November 17, 2009
The FDA urges caution when searching for H1N1 products on the internet because many unapproved H1N1 products purport to prevent, diagnose, or treat H1N1. The FDA warns consumers of the potential danger of these products and cautions consumers that they should use only FDA approved products from licensed pharmacies...

Nevada Supreme Court Reviews Dram Shop Liability

Posted on November 10, 2009
The Nevada Supreme Court addressed the liability of a hotel for injuries occurring in an automobile accident after evicting intoxicated persons from the hotel premises in Rodriguez v. Primadonna Company, 125 Nev. Adv. Op. No. 45 (October 1, 2009). In Rodriguez, 17 year old Fabian Santiago had been drinking with his two adult uncles, Manuel and Daniel Garibay, on hotel property where they were checked in as guests...

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Nevada Supreme Court Rejects Application of Anti-Stacking Rules for Concurrent Negligence

Posted on November 05, 2009
In Delgado v. American Family Ins. Group, 125 Nev. Adv. Op. No. 44 (October 1, 2009), the Nevada Supreme Court was faced with the question of whether the passenger in an automobile who is injured by the concurrent negligence of the drivers in a two-car accident "may recover under the permissive driver's insurance policy both liability benefits based on the policyholder's negligence and underinsured motorist benefits based on the other driver's underinsured status...

H1N1 Preventative Measures

Posted on November 05, 2009
With the death toll from H1N1 rising in Nevada, we should all be taking everyday precautions to stay healthy. The Center for Disease Control and Prevention suggests everyday steps to protect your health: Cover your nose and mouth with a tissue when you cough or sneeze...

District Judge Bars Injection Regulations

Posted on October 01, 2009
Two weeks ago, the Nevada Board of Medical Examiners issued an emergency regulation to restrict the ability of medical assistants to perform certain injections, such as Botox. As reported by the Las Vegas Sun, the regulations prohibited doctors from allowing medical assistants to inject "cosmetic fillers, chemotherapy, anesthetics or inflammatory drugs," stemming from "a controversy in Las Vegas about unlicensed medical assistants performing certain procedures that some argued should be left to a doctor...

Nevada Supreme Court addresses business defamation actions

Posted on September 25, 2009
The Nevada Supreme Court clarified business defamation in Clark County Sch. Dist. v. Virtual Educ., 125 Nev. Adv. Op. No. 31 (August 6, 2009). The case presented the issues to the Court of whether "the absolute privilege applies to defamatory communications made by a nonlawyer in anticipation of a judicial proceeding," and "whether allegedly defamatory statements made about a business's product provide a basis for defamation per se or for business disparagement...

Nevada Supreme Court Says Smoking Ban Constitutional

Posted on September 25, 2009
The Las Vegas Sun reported that the Nevada Supreme Court denied a challenge to the civil enforcement of Nevada's indoor smoking ban. The criminal enforcement of the smoking ban had already been held unconstitutional, and the statutory basis for criminal enforcement has been removed from the statute...

Insurer's Have Duty to Inform Insured's About Settlement Offers

Posted on September 25, 2009
The Nevada Supreme Court addressed the scope of an insurer's duty to defend under the implied covenant of good faith and fair dealing in Allstate Insurance Co. v. Miller, 125 Nev. Adv. Op. No. 28 (July 30, 2009). The opinion considered when an insurer has a duty to inform its insured about settlement opportunities...

AAJ Clarifies: MMSEA's Section 111 Does Not Require Set-Asides in Liability Cases

Posted on August 13, 2009
The Medicare, Medicaid and SCHIP Extension Act of 2007, or MMSEA, affects judgments and settlements involving Medicare liens. Plaintiffs and Defendant attorneys should be aware of the changes. The AAJ released a clarification about the MMSEA: In cases involving Medicare beneficiaries, attorneys for both the plaintiff and defendant are required to report certain information to the Centers for Medicare and Medicaid Services (CMS)...

More on the Medical Device Safety Act from the AAJ

Posted on August 10, 2009
The American Association for Justice reports about the hearing on the Medical Device Safety Act held last week: Two years ago, Michael Mulvihill of Bettendorf, Iowa, was driving with his wife across the Midwest to visit his son, daughter-in-law, and grandchildren when he saw a blue light flash before his eyes...

Senate Holds Hearing on Medical Device Safety Act

Posted on August 05, 2009
The U.S. Senate held a hearing yesterday regarding the Medical Device Safety Act, introduced in March of 2008 and aimed at clarifying that FDA approval doesn't preempt lawsuits against medical device manufacturers. MedPage Today summarizes the bill and the reasoning behind it: Under U...

Doctors' Confusion over HIPAA

Posted on July 30, 2009
A Los Angeles Times article by Lisa Zamosky comments on the confusion in doctors' offices regarding Health Insurance Portability and Accountability Act (HIPAA). The article points out that obtaining medical records is often harder for patients than the law allows: Under HIPAA, consumers have the right to access records documenting their health conditions, diagnoses and treatments...

Swimming Pool Safety Tips

Posted on July 13, 2009
The Las Vegas Sun reported that a four-year-old boy drowned last Saturday in an apartment complex pool. The tragic incident marks the seventh child drowning this year in Nevada. ABC reports that there are approximately 1,500 child deaths each year from drowning...

No "Heeding Presumption" in Failure-to-Warn Cases in Nevada

Posted on July 08, 2009
The Nevada Supreme Court refused to recognize a "heeding presumption" in strict products liability failure-to-warn cases, in its June 4 decision, Rivera v. Philip Morris, Inc. A heeding presumption is a rebuttable presumption that allows a fact-finder to presume that the injured plaintiff would have heeded an adequate warning if one had been given...

New Laws in Nevada, effective July 1

Posted on July 06, 2009
The San Jose Mercury released a helpful list of changes to Nevada law taking effect on July 1. Among the new laws detailed by the AP article are the following: -- AB10 protects nurses against retaliation for disclosing problems that endanger patients at hospitals or other medical facilities; and SB229 seeks to ensure that foreign-trained doctors who get visas to work in "medically underserved" areas actually provide care in those areas...

Law Aims to Strengthen Security of Personal Information

Posted on July 01, 2009
Senate Bill 227 adds new requirements for data collectors, aimed to provide increased security for consumers' personal information. The bill applies to data collectors who accept card payments for goods or services. It requires data collectors to comply with Payment Card Industry (PCI) Data Security Standards, or requires the use of encryption to protect personal information transmitted electronically...

2 Cases of E. Coli in Nevada, Nestle Cookie Dough Recalled

Posted on July 01, 2009
The Las Vegas Sun reports that 2 cases of E. coli have been reported in Clark County, Nevada. This comes days after the FDA issued a warning regarding Nestle Tollhouse raw cookie dough products due to the risk of E. coli. The warning cautions those who have purchased prepackaged cookie dough products to throw them away...

Medicare, Medicaid and SCHIP Extension Act's New Requirements

Posted on July 01, 2009
The Medicare, Medicaid and SCHIP Extension Act of 2007, or MMSEA, affects judgments and settlements involving Medicare liens. Plaintiffs and Defendant attorneys should be aware of the changes. Section 111 of the MMSEA adds reporting rules, requiring defendants and insurers to report judgments/settlements with Medicare beneficiaries to the Department of Health and Human Services...

Cases of Swine Flu up to Seven in Nevada

Posted on May 08, 2009
According to the Centers for Disease Control and Prevention (CDC), the total number of cases of Swine Flu in the U.S. is up to 896. Forty-one states have been affected, including Nevada, and two people in the U.S. have died from the virus. The three states with the most reported cases are Illinois, California and New York...

Bus Crashes Call into Question Federal Safety Standards

Posted on April 30, 2009
The Utah bus crash that killed nine and injured 43 others in January of 2008, was followed by an investigation into the cause of the accident. The National Transportation Safety Board (NTSB) concluded recently that driver fatigue was a contributing factor to the crash...

Nevada Surgical Patients May be At Higher Risk for Infection

Posted on April 30, 2009
A nonprofit Consumer's Union issued a report April 27, 2009, stating that over a one year period, almost 100,000 patients were subject to increased risks of infection following surgical procedures because of hospitals' failure to follow proven prevention practices...

Urge Your Senators to Vote YES to Protect Patients' Rights!

Posted on April 27, 2009
Bill AB 495 has made it to the Senate but further support is needed! The bill seeks to repair some of the harm caused by the KODIN (Keep Our Doctors in Nevada) legislation. Among other things, KODIN put a cap of $350,000 on damages for pain and suffering in medical malpractice suits...

Dissecting the History of the Statute of Limitations in Personal Injury Cases in Nevada

Posted on April 21, 2009
NRS 41A.097 provides the limitations period for filing lawsuits regarding medical malpractice and wrongful death claims, among others. The statute has gone through a complicated series of amendments. Statutory History, from NRS 41A.097: Until 2002, the statute of limitations for medical malpractice and wrongful death was on a 4 year/2 year scheme...

Expert Witnesses in Medical Malpractice Suits Subjected to Ethics Complaints

Posted on April 09, 2009
Medical malpractice is defined as the "failure of a physician, hospital, or employee of a hospital, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances." NRS 41A.009 (2009). To prove medical malpractice, a plaintiff must first establish the applicable standard of care and then must prove that the alleged conduct of the health care provider deviated from that standard and legally caused the injuries complained of...

Nevada Supreme Court to Address Backlog of Medical Malpractice Claims

Posted on April 07, 2009
An article in Nevada Supreme Court News announced recently that the Nevada Supreme Court will be conducting a settlement program to resolve the crisis of backlogged medical malpractice claims in Clark County. The recent influx of 430 claims stemming from the Hepatitis C outbreak at the Endoscopy Centers of Nevada has made it a critical objective of the Supreme Court to settle the more than 400 medical malpractice claims already pending in Clark County...

Stand up for Patients' Rights! Urge Your Representative to Say YES to AB495.

Posted on April 07, 2009
In 2004, voters approved Question 3, known as the "Keep Our Doctors in Nevada" (KODIN) initiative. The legislation cut the statute of limitations for filing a medical malpractice suit from two years to one, and set a cap on damages for pain and suffering at $350,000...

Nevada Joins Mission to Save Lives Through Fire-Safe Cigarettes

Posted on April 01, 2009
According to the National Fire Protection Association, an estimated one out of every four fire-related deaths in the United States in 2006 was caused by smoking materials (i.e. cigarettes, pipes, cigars, etc.), making smoke materials the leading cause of fire deaths...

CAUTION! READ BEFORE SIGNING: Releasing Property Damage Claims

Posted on March 27, 2009
After an accident, a party will often accept a given sum of money for repairs in exchange for which he or she releases the right to sue for any and all present and future property damages arising out of that accident. If the indication to release liability for only property damage is not made clear, however, a party may also unknowingly sign away his or her right to sue for bodily injuries that may present themselves several weeks or months after an accident...

Hospital Liens Do Not Attach to UM Coverage in Nevada

Posted on March 23, 2009
Under Nevada law provides statutory authority for hospitals to place a lien on certain insurance proceeds. NRS 108.590 provides that "Whenever any person receives hospitalization on account of any injury, and he, or his personal representative after his death, claims damages from the person responsible for causing the injury, the hospital has a lien upon any sum awarded the injured person or his personal representative by judgment or obtained by a settlement or compromise to the extent of the amount due the hospital for the reasonable value of the hospitalization rendered before the date of judgment, settlement or compromise...

Contaminated Peanut Butter Suit Includes Kellogg Co.

Posted on March 19, 2009
Since August 2008, about 550 people have gotten sick and eight people have died from the salmonella outbreak. Thousands of peanut butter products have been recalled. The law firm that filed the first lawsuit over the recent salmonella outbreak in certain brands of peanut butter products has added the Kellogg Co...

Twittering: harmless messaging or juror misconduct?

Posted on March 18, 2009
Twitter.com is a website that allows members to record their thoughts in 140 character-blogs, twenty four hours a day. Similar to "status" postings on Facebook, Twitter blogs allow a member to share with the rest of the Twitter world, what he is doing or thinking at that moment in time...

Nevada Legislators Propose Risky Amendment

Posted on March 18, 2009
On March 11, Nevada Legislators introduced Bill A.B. 300, amending existing helmet requirements for motorcyclists. Under the new bill, motorcyclists over the age of 21, who have had their motorcycle license for at least a year, and who have completed a safety course, are no longer required to wear protective headgear while riding on highways...

AAJ Supports US Supreme Court's Wyeth v. Levine Decision

Posted on March 16, 2009
The full article can be found here. The U.S. Supreme Court in a 6-3 decision upheld a Vermont jury's decision that Diana Levine, the plaintiff in the Supreme Court case Wyeth v. Levine could hold the drug manufacturer accountable for the injuries she suffered—which included the loss of her arm—after taking one of Wyeth's medicines...

Nevada Supreme Court to Decide on Pharmacy Liability

Posted on March 12, 2009
A recent editorial in Modern Medicine reported that the Nevada Supreme Court will be deciding whether or not pharmacies can be held liable for death or injuries caused by a customer under the influence of prescription medication. In June of 2004, Patricia Copening, while under the influence of hydrocodone, drove her car into two men who had pulled over to fix a flat tire...

Reactions to Wyeth v. Levine

Posted on March 10, 2009
A USA Today editorial opined that the Wyeth v. Levine decision opened a new door for plaintiff's rights. During the Bush administration manufacturers were able to avoid lawsuits for defective products as long as the product met federal regulations. The Wyeth decision, however, opens the door for plaintiffs to sue manufacturers despite compliance with federal standards...

Wyeth v. Levine: Supreme Court Rules On Adequacy Of Drug Labels

Posted on March 10, 2009
The Supreme Court's March 4th decision in Wyeth v. Levine could mean increased responsibility for drug companies to adequately warn clinicians and consumers of a drug's risks. Affirming a jury verdict in favor of a plaintiff injured as a result of inadequate drug label warnings, the Supreme Court held that the drug label's warnings were inadequate, rejecting the argument that FDA approval of a label is sufficient to shield a drug manufacturer from state law liability...

Bill Introduced to Expand Nevada's "Good Samaritan" Law

Posted on March 10, 2009
Nevada Legislators introduced Bill AB200 on March 5, aimed at expanding Nevada's "Good Samaritan" Law. Under existing law in Nevada, many medical professionals are shielded from civil liability for rendering care, gratuitously and in good faith, in emergency situations...

Arbitration to be Voluntary under Proposed Legislation

Posted on March 04, 2009

FDA Globalization Act to Increase Nation's Food Safety

Posted on March 04, 2009

Nevada Legislators Propose Tougher Health Care Regulations

Posted on March 02, 2009

Nevada Supreme Court to Broadcast Oral Arguments via Webcam

Posted on February 23, 2009
In a cool move to provide more public access to Nevada courts, the Nevada Supreme Court announced that it will begin live webcasting oral arguments. The webcasts will be available through the court's website, at www.nvsupremecourt.us, tentatively beginning in March...

Significant Changes in Federal Disability Law

Posted on February 20, 2009
The Las Vegas Sun's Stephanie Tavares reports on important changes in federal anti-discrimination law, of which employers must be aware. Congress passed amendments to the Americans with Disabilities Act, which went into effect January 1. The legislative and regulatory changes went into effect Jan...

Nevada Legislature Considers New Seatbelt Law

Posted on February 18, 2009
Currently in Nevada, police cannot pull over a driver who is not wearing a seatbelt. Drivers who are pulled over for another reason and who are found to not be wearing a seatbelt can still be ticketed for failure to buckle up. A new seatbelt bill has been introduced in the Senate which would allow police officers to pull drivers over for suspicion of failure to wear a seatbelt...

Patient-Doctor Privilege Doesn't Cover Doctor's Testimony, Says Judge.

Posted on February 18, 2009
The Reno Gazette Journal reported on a controversial ruling in federal court regarding patient privacy under federal and Nevada law. The issue arose in a wrongful death case. The plaintiff brought suit against the pharmaceutical company manufacturing the drug taken by her husband to treat his heart condition...

Consumer Reports finds Big Problems with Car Seats

Posted on February 05, 2009
For more information and the full article, please click here. A safety alert in the February 2007 issue of Consumer Reports says at least two of the 12 infant car seats they investigated -- all of which come with packaging touting federal approval -- should be recalled altogether due to doubts about their safety in a frontal crash...

Update: Bush Administration Corporate Immunity Regulations

Posted on February 02, 2009
This is an update to the earlier blog, Bush Administration Passed Regulstions Allowing Corporate Immunity for Negligence, first published on January 23, 2009. For the full article, please click here. The Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) last-minute regulation deals a shocking blow to consumers injured by railroads that transport hazardous materials, according to the American Association for Justice (AAJ)...

Military Personnel have Increased Risk of Traumatic Brain Injury

Posted on January 29, 2009
This comes directly from LegalView.com. You can find the story online with additional references, here. Unfortunately, those who choose to serve their country run a comparatively high risk of traumatic brain injury. Military personnel are at risk for automobile accidents, the number-one civilian cause of TBI, but they are also consistently exposed to strong munitions that can cause a traumatic brain injury...

Target Unveils In-Store Recall Notification System

Posted on January 26, 2009
According to a December 22, 2008 ConsumerAffairs.com article, the large retail chain Target has recently started using an in-house recall notification system. Target and the Consumer Product Safety Commission (CPSC) are working together to make it easier for consumers to receive recall notices...

Bush Administration Passed Regulations Allowing Corporate Immunity for Negligence

Posted on January 23, 2009
According to the American Association for Justice, in his last few weeks as President, former President Bush began passing regulations in the Federal Register that provided corporates immunity for negligence. These regulations could "weaken consumer safety protections and limit the ability to hold manufacturers repsonsible for defective and harmful products...

Winter Safety Tips: Driving

Posted on December 19, 2008
Although the best practice is to avoid driving in hazardous winter weather, that does not always coincide with life's necessities. When driving in bad winter weather is unavoidable, allow the snow plows time to clear the roads and lay out salt and sand...

AAJ Praises U.S. Supreme Court's Consumer Rights Decision

Posted on December 18, 2008
pIn response to the U.S. Supreme Court's decision in iAltria v. Good,/i the American Association for Justice (AAJ) praised the Court in denying immunity for cigarette manufacturers who break state consumer protection laws with untrue affirmations of lowered tar and nicotine...

Nevada Supreme Court: Absence of Written Jury Instruction on Bifurcation Warrants Abuse of Discretion Finding

Posted on December 05, 2008
In Valdez v. State, the Nevada Supreme Court recently ruled on the constitutional rights and statutory procedures regarding instructing a jury on the separating the finding of guilt from the penalty phase of the legal process in a first-degree murder case...

AAJ Discusses the Impact of Dangerous Foreign Products on US Consumers

Posted on December 05, 2008
The American Association for Justice, in conjunction with American University's Washington College of Law, recently released two research papers discussing dangerous foreign products, Defective Foreign Products in the United States: Issues and Discussion and The Social Costs of Dangerous Products: An Empirical Investigation...

Nevada Supreme Court Clarifies Labor Law

Posted on November 24, 2008
The Supreme Court recently clarified some Nevada labor law issues in Baldonado v. Wynn Las Vegas, 124 Nev. Adv. Op. No. 81 (October 9, 2008). In this class action lawsuit, Plaintiffs, table game dealers, were at-will employees at a casino in Las Vegas...

Nevada Supreme Court Rules on "Mere Happening" Instruction

Posted on November 20, 2008
In Cook v. Sunrise Hospital & Medical Center, issued on October 30, the Nevada Supreme Court clarified the proper treatment of the "mere happening" jury instruction in medical malpractice cases. A "mere happening" jury instruction is an instruction asserting that the mere happening of an accident, is, by itself, an insufficient basis for liability...

More from the AAJ: U.S. House Report Further Confirms Bush Administration's Preemption Plot

Posted on November 06, 2008
Following up on the American Association for Justice’s campaign to get the word out about complete preemption: Yesterday the U.S. House Committee on Oversight and Government Reform issued a report saying FDA career staff objected to a change in preemption rules, even saying the central factual justifications for the agency’s new positions were false...

Complete Preemption Opposed by FDA Officials

Posted on November 06, 2008
From the Associated Press' Kevin Freking: Top scientists and career employees at the Food and Drug Administration opposed agency regulations that weaken consumers' ability to sue drug makers, congressional investigators said Wednesday. At issue is language in a drug-labeling rule from 2006 that effectively limits when people can sue in state court over injury claims involving medications...

Fall and Night Driving Safety Tips

Posted on October 29, 2008
Helpful safety tips for fall and night driving from John Myre's SAFETY TIMES NEWSLETTER Fall driving presents a variety of obstacles, and more drivers die from September through November than during the winter months of December through February. Slick roads, foggy mornings, and roaming wildlife are just some of the increased hazards...

AAJ warns consumers about "Complete Immunity Preemption"

Posted on October 24, 2008
Normally, consumer protection for product liability is provided for by state law. However, documents obtained by the American Association for Justice (AAJ)'s repeated requests pursuant to the Freedom of Information Act revealed a Bush regulatory strategy that has serious implications on consumer protection...

Under Nevada Law, Intangible Property is Subject to Conversion

Posted on October 16, 2008
The Nevada Supreme Court clarified if and when intangible property can be subject to conversion in its October 2 decision, M.C. Multi-Family Dev. v. Crestdale Assocs., 124 Nev. Adv. Op. No. 77 (2008). Conversion under Nevada law is defined as “a distinct act of dominion wrongfully exerted over another’s personal property in denial of, or inconsistent with his title or rights therein or in derogation, exclusion, or defiance of such title or rights...

From AAJ: Report blames U.S. Chamber for Financial Crisis

Posted on October 01, 2008
From the American Association for Justice pressroom: Washington, DC – The current financial crisis was caused by U.S. Chamber’s aggressive lobbying to eliminate accountability and oversight, says a new issue brief that also exposes payments from bailed-out AIG to the Washington corporate lobby...

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Posted on September 25, 2008
Originally posted at InjuryBoard by Steve Klearman

No duty for pharmacy to cut off drug abuser's prescriptions, says Nevada District Court

Posted on September 25, 2008
The Las Vegas Sun reports an interesting facet to the continuing problem with prescription drug abuse in Nevada.Patricia Copening served nine months in jail after driving under the influence of hydrocodone, hitting two victims who were changing a flat tire at the side of the road...

Nevada law enforcement tightening seat beat enforcement

Posted on September 11, 2008
According to the Associated Press, Reno Police are making greater efforts to enforce the use of seat belts by actively seeking out violaters of Nevada's law requiring automobile passengers to buckle up. KTVN Reno News reports: Reno police and other Nevada law enforcement agencies are stepping up enforcement this month of seat belt laws...

Prescription tracking: Too invasive?

Posted on September 07, 2008
With prescription drug use at its highest in Nevada, and with overdoses from painkillers, including methadone, on the rise, prescription tracking programs are emerging all over the country. Nevada was the first to implement such a program. The Nevada Pharmacy Board has developed a database listing every prescription written in Nevada for certain medications...

NEVADA LAW: Coverage for Additional Insured's Independent Negligent Acts

Posted on August 31, 2008
FEDERAL INSURANCE COMPANY v. AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, 124 Nev. Adv. Op. No. 31 (May 29, 2008) In an opinion issued in May, the Nevada Supreme Court addressed the issue of whether, under Nevada law, an additional insured endorsement provides coverage for an injury caused by the sole independent negligence of the additional named insured...

"Traffic" Author Addresses Issues

Posted on August 25, 2008
The New York Times fielded questions for "Traffic" author Tom Vanderbilt.  Several of the answers were of particular relevance to Nevada drivers. "Keep to the right, pass only on the left" lawsQ. After driving in Europe - mostly Germany - for a number of years, I'm convinced that most highway congestion problems in the United States are caused by failure to observe or enforce "keep to the right, pass only on left" laws...

Physician participation in Medicaid up despite budget cuts

Posted on August 22, 2008
Surprisingly, state budget cuts to doctors' reimbursement rates for Medicaid patients have not discouraged physicians from seeing Medicaid patients.  The state cuts will result in reductions in reimbursements for some physicians. The Las Vegas Sun reported the results of a survey conducted by the state Health Care Financing and Policy Division, in its article entitled "No pay hike, but specialists seem OK with Medicaid," written by David McGrath Schwartz and Cy Ryan...

Nevada Supreme Court Reviews the Role of Biomechanical Engineers as Experts

Posted on August 22, 2008
In Hallmark v. Eldridge, 124 Nev. Adv. Op. No. 48 (published July 24, 2008), the Nevada Supreme Court reviewed the often dubious role of so-called "biomechanical engineers" as experts and concluded that (1) the district court below abused its discretion when it allowed a physician with an engineering background to testify as a biomechanical expert against a personal injury plaintiff because, among other reasons, the testimony did not assist the jury in understanding the evidence as the testimony was not based on a reliable methodology; (2) prejudice stemming from errors in the admission of evidence bearing upon a damage claim requires reversal when the error substantially affects the rights of the complaining party on appeal; and (3) such an error substantially affects those rights when the appellant establishes, based upon a sufficient appellate record, the reasonable probability of a different result in the absence of the error...

AAJ: Allstate Worst Insurance Company in America

Posted on August 19, 2008
The American Association for Justice (AAJ) released a report on the top ten worst insurance companies in America, based on an investigation of court documents, SEC and FBI records, news, and testimony of former insurance agents and adjusters. According to the article, Allstate's "concerted efforts to put profits over policyholders" propelled the company to the top of the list of the country's worst insurance companies...

New York Times Runs Story on Dangers of Methadone

Posted on August 16, 2008
This comes directly from The New York Times. A version of this article ran on August 17, 2008 on page A1 of the New York edition. This was written by Erik Eckholm and Olga Pierce. You can find the story online with additional references, at methadone story...

Nevada Drunk Drivers Stay Home

Posted on August 15, 2008
From the Reno Gazette Journal Today: Local law enforcement agencies launch a region-wide drunk driving enforcement campaign beginning Monday that will consist of saturation patrols through Labor Day weekend. Law enforcement officers urge people who drink to do so responsibly and not drive while under the influence...

Whether To Take Methadone

Posted on August 15, 2008
My methadone blogs have received a great deal of attention and many comments. I have also received inquiries with respect to whether readers should take methadone. I urge those with questions to consult doctors to answer questions regarding methadone...

Plaintiff wins $60 million dollars in punitive damages in disability insurance bad faith case

Posted on August 15, 2008
Paul Revere Life Insurance Company and UnumProvident Corporation were hit with a combined $60 million dollar verdict in a retrial of a disability insurance bad faith case originally tried in 2004. The June verdict in Las Vegas was six times the punitive damage award originally awarded to Plaintiff G...

National Highway Traffic Safety Administration Announces Ratings Updates

Posted on August 12, 2008
In an effort to provide consumers with more complete safety information and encourage car manufacturers to design safer cars, the U.S. Department of Transportation has revised its five star rating system. The changes include reporting an overall safety rating, taking into account an automobile's performance in frontal, side, and rollover tests, instead of just reporting those results separately...

Nevada Supreme Court Says Suicide Not Willful in Workers' Compensation Case

Posted on August 04, 2008
The Nevada Supreme Court issued a decision last week in Vredenburg v. Sedgwick CMS allowing surviving family members to recover workers' compensation death benefits under certain circumstances when an injured employee commits suicide. NRS 616C.230(1) provides for workers' compensation benefits for accidental employee deaths but precludes surviving family members from recovering when a the employee's death was caused by his "willful intention to injure himself...

Enoxaparin and Heparin Linked to High Bleeding Risk in Cardioembolic Stroke

Posted on July 26, 2008
From IndoxConsulting.com: Using enoxaparin or heparin to bridge long-term anticoagulation therapy with warfarin for secondary stroke prevention has been associated with a high risk for serious bleeding in patients with cardioembolic stroke (CES). A retrospective study of 204 CES patients showed that only those who received bridging with enoxaparin went on to have symptomatic intracranial bleeding...

Nevada Judge Allows Emotional Distress Claim in Class-Action Hepatitis Case

Posted on July 24, 2008
Keeping up with the hepatitis cases against the Endoscopy Center of Southern Nevada, the Reno Gazette Journal reports today that patients from the center who were not physically injured may still be able to recover damages from the Center. Clark County District Court Judge Allan Earl dismissed the Center's argument that emotional distress claims unrelated to actual injuries should not be allowed to recover...

More on Methadone Overdose

Posted on July 22, 2008
The rapid rise of the number of deaths by methadone overdose is receiving attention all over the country. Maurreen Skowran of The News & Observer reported on the increase of methadone deaths in North Carolina as the drug is used more commonly as a painkiller...

FDA addresses Methadone Dangers

Posted on July 19, 2008
Issued back in 2006, this Health Advisory from the FDA warns against the dangers of methadone and includes important prescribing information for its safe use. FDA Public Health Advisory: Methadone Use for Pain Control May Result in Death and Life-Threatening Changes in Breathing and Heart Beat FDA has received reports of death and life-threatening side effects in patients taking methadone...

Methadone Use is on the Rise, and the Effects are Deadly

Posted on July 17, 2008
Prescription painkiller overdose is becoming a common killer in Nevada, and nationally. According to the National Center for Health Statistics, overdoses caused by prescription painkillers are increasing, and Methadone abuse is escalating more rapidly than any other drug...

Most Dangerous Vehicles

Posted on July 15, 2008
KCTV.com posted an interesting article

Doctors' Malpractice Histories to be Reported

Posted on July 14, 2008
The Reno Gazette Journal reports that after 84 hepatitis C cases were linked to the Endoscopy Center of Southern Nevada and more than 50,000 patients were notified they might be at risk, the Nevada Board of Medical Examiners received a bit of negative attention...

Rollovers Fatal

Posted on July 14, 2008
A quick look at www.safercar.gov sheds lights on the significant dangers of "rollover" automobile accidents, information particularly relevant for Nevada drivers, especially those who do a lot of driving in the mountains or on rural roads. Rollovers are not the most common type of automobile accident, but they often cause the most serious injuries...

Nevadans Heavy on Painkillers

Posted on July 11, 2008
Nevadans Heavy on Painkillers The Las Vegas Sun reported a disquieting article analyzing Nevadans consumption of prescription painkillers. The article reported that in Nevada, residents consume roughly twice the national average of numerous painkillers...

Nevada Supreme Court Clarifies the Rights of the Terminally Ill

Posted on July 08, 2008
The Nevada Supreme Court clarified a few sections of Nevada's Uniform Act on Rights of the Terminally Ill last week in Estate of Maxey v. Darden, 124 Nev. Adv. Op. No. 43 (July 2008). The Act authorizes three procedures for terminally ill patients or their families to withhold life-sustaining treatment...

Reno Police Target Dangerous Intersections

Posted on June 19, 2008
The Reno Gazette Journal reports that Reno Police Traffic Division statistics show that the following citations were issued in the targeted intersections: 19 citations were issued in the intersection of West Plumb Lane and South Virginia Street 15 citations were issued at East 6th Street and Wells Avenue 13 citations were issued at West 7th Street and Keystone AvenueThe RPD said they have concentrated their traffic enforcement actions near intersections with high accident rates...

Deadly Drives in the Country

Posted on June 18, 2008
The National Safety Council reports that rural areas account for about 65 percent of traffic deaths. Further, 75 percent of all noncollision accidents (overturns, jackknifes) occur in rural areas. The allure of the countryside is obvious, but dangers are all around...

More Auto Accident Deaths in Fall than in Winter

Posted on June 06, 2008
Fall driving presents a variety of obstacles, and more drivers die from September through Novem­ber than during the winter months of December through February. Slick roads, foggy mornings, and roaming wildlife are just some of the increased hazards...

RV Advice For Nevadans

Posted on May 30, 2008
America's love affair with the open road has grown to become its love affair with recreational vehi­cles. Today, there are over 30 mil­lion RV enthusiasts, and more on the way. With more than 16,000 publicly and privately owned camp­grounds nationwide, RVs give us the freedom to roam from coast to coast and any stop in between...

Don't Get Hit By A Train In Nevada

Posted on May 29, 2008
Vehicle Warnings      According to Operation Life­saver, an average of eight collisions between trains and motorists occur every day. Over 350 people are killed each year, and about 1,000 are seriously injured. A motorist is 40 times more likely to be killed or seriously injured in a collision with a train than in a collision with another motor vehicle...

Tips for Driving Under the Influence in Nevada

Posted on May 14, 2008
    Prescription and over-the-counter (OTC) medications are intended to keep us healthy. In the wrong cir­cumstances - especially when we are behind the wheel of a vehicle - our drugs could contribute to our early demise. To be sure your medi­cations don't abuse you, remember: · It is your responsibility to know what you're taking and how it affects you...

Dealing with Driving Distractions

Posted on May 12, 2008
    I continue my discussion of driving safely with the following about distractions:     A recent study by the National Highway Traffic Safety Administration estimates that driver distraction is a factor in 80 percent of all motor vehicle crashes...

City Driving Tips

Posted on May 09, 2008
Surviving Intersections      About 50 percent of all city driving collisions occur at intersec­tions, usually because a driver failed to yield the right-of-way. A recent Insurance Institute for Highway Safety study reports that red-light runners are responsible for an estimated 170,000 injuries every year, about 900 of which are fatal...

Cohabitating With Big Trucks

Posted on April 30, 2008
According to the National Highway Traffic Safety Administration, about 5,000 people die annually in crashes involving large trucks. In collisions between large trucks and cars, 98% of people killed were in the car. To safely manage your encounters with these behemoths: Avoid Their Blind Spots      Because they sit so high, drivers may appear to have total vision of the road...

Fat and Fit?

Posted on April 29, 2008
Yahoo New, in a story by AP Medical Writer Lindsey Tanner, reports that "new research challenges the notion that you can be fat and fit, finding that being active can lower but not eliminate heart risks faced by heavy women.  The new study involving nearly 39,000 women helps sort out the combined effects of physical activity and body mass on women's chances of developing heart disease...

Driving Safety Intro

Posted on April 28, 2008
Over the next several blogs I plan to concentrate on basic information about driving safety. Driving a car is one of the most routine activities we engage in, but it's also one of the most dangerous. Over 40,000 people are killed in motor vehicle accidents each year...

Medical Malpractice in Nevada Still Troubled

Posted on April 09, 2008
Nevada juries are continuing a pattern of being conservative and difficult and deciding cases based on bias rather than the evidence and law.  And the effects of KODIN, Nevada's ballot intiative that made these cases even more difficult to bring to court, continues to be felt...

Medical Care Costs Climb

Posted on March 14, 2008
Briefly: the cost of medical care posted a small 0.1 percent increase in February as doctors' fees actually fell. However, medical care, the fastest-rising price category outside of energy, is still up by 4.5 percent over the past year.

Nevada Slow to Inspect Endoscopy And Other Surgery Centers

Posted on March 13, 2008
The Reno Gazette reports that the State Health Division has fallen behind in inspecting surgical centers for more than 10 years and has failed to inspect half of all centers over the past six years as is called for by Federal guidelines. More specifically, State inspectors failed to inspect 22 of Nevada's 50 surgical centers over the last six years and at least one center has gone without inspection for 15 years...

Reno Surgery Center Situation Different So Far From Las Vegas Hepatitis Scare

Posted on March 10, 2008
I've been travelling for depositions the last few days while the story of deficiencies among ambulatory surgery centers has been brewing. What's clear from the recent publicity regarding surgery centers other than the infamous Endoscopy Center of Southern Nevada is that not so much is clear...

Nevada Hepatitis Links

Posted on March 07, 2008
Here's a great link to the Las Vegas Review Journal's Clearinghouse page of links. Highly recommended! Review Journal Links on Hepatitis Scarel

Nevadans Question Vaccinations

Posted on March 07, 2008
According to an article from PBS: Newshour Extra dated March 7, 2008, a number of parents are blaming vaccinations for the emergence of autism in their children. Parents are filing their cases in a "federal vaccine court," which was set up to protect vaccine makers from bankruptcy...

Chinese Take Shot at Nevada Hepatitis Situation

Posted on March 04, 2008
I used to live in Taiwan and I've travelled back and forth to Mainland China many times. The Chinese do things in subtle ways sometimes. For years now, China has felt the pressure of U.S. criticism of Chinese safety standards. This is why it comes as little surprise that China is now running stories in the Chinese press about LOW AMERICAN SAFETY STANDARDS...

Nevada Hepatitis Doctor Served on Nevada Medical Board

Posted on March 02, 2008
This comes to me once again from Susan Gallagher, Associate Professor at the University of Massachusetts: Dipak K. Desai, M.D., was re-elected to the position of Secretary-Treasurer of the board. Dr. Desai practices in Las Vegas and has served on the board since September 1, 1993, having just been re-appointed by Governor Miller for his second four-year term...

Vegas Ricin Apparently for Baking Cookies

Posted on March 01, 2008
A number of weeks back I was flying into Vegas, and as we were nearly on the ground I looked out my airplane window and noticed an unusual sight, even for Vegas: the top floor of the Monte Carlo was on fire and there were flames jumping off the top of the hotel...

Nevada Hepatitis Doctor Sued Before

Posted on February 29, 2008
I discussed Dipak Desai, MD, several blogs ago in some detail. The following useful article was referred to me by Susan E. Gallagher, an Associate Professor at the University of Massachusetts: Nevada Law Journal Article on Dipak Desai Medical Malpractice Back tomorrow with the promised article on why this case of what appears to be plain and substantial medical malpractice reflects what a disaster medical malpractice reform is for Nevadans.

Hepatitis Exposure in Nevada - Public Health Information

Posted on February 29, 2008
The following important public health information is reprinted from the Southern Nevada Heatlh District www.southernnevadahealthdistrict.com The Southern Nevada Health District is advising patients who received injected anesthesia medication at the Endoscopy Center of Nevada (700 Shadow Lane) of a risk for possible exposure to hepatitis C and other bloodborne pathogens...

Nevada Hepatitis Warning - Endoscopy Center of Southern Nevada Malpractice

Posted on February 29, 2008
Alright, let's get into this. The subject of controversy is an entity known as Southern Nevada Endoscopy Center. The Nevada Secretary of State indicates two limited liability companies registered under that name, both active: The first reflects that Clifford Carrol, MD and the Hari Om Limited Partnership are officers...

Ricin Found - Disease and Poison in Las Vegas

Posted on February 29, 2008
First news of 40,000 exposed to Hepatitis in Vegas and now authorities are reporting discovering what appears to be Ricin in a hotel. What's up in Vegas? Reminds me of an art exhibit I recently saw (still on display at the Barrick Museum there) that depicts scenes of apocalypse and absurdity with Vegas as the backdrop...

Hepatitis Victims May Be Duped By Med Mal Insurance Industry

Posted on February 29, 2008
Nevadans, you were duped by the medical malpractice insurance industry when you voted for the KODIN Ballot Initiative a few years back. Now those injured through the sheer negligence and stupidity of a group of Nevada doctors may find that they've limited their ability to collect compensation...

Nevada Endoscopy Center Malpractice

Posted on February 28, 2008
As many as 40,000 infected with Hep C in what looks like a potential mass negligence case against an endoscopy center and possibly a products manufacturer. Stay tuned to this blog and I will bring you extensive independently researched details on this developing case.

Nevada Hepatitis Scare

Posted on February 28, 2008
You know, you might think that you could go the Center for Disease Control website and get some update on what certainly appears to be a full-blown health care crisis in Las Vegas (40,000! Exposed? That's a big number! And that's a preliminary number...

U.S. Supreme Court Rules on Medical Device Lawsuits

Posted on February 22, 2008
I reprint here a summary from the recent important decision in Riegel v. Medtronic. This comes directly from the People Over Profits Grassroots Action Center: Riegel v. Medtronic In this case, Charles Riegel received a balloon catheter made by Medtronic which subsequently ruptured due to overinflation...

Big Earthquake Near Elko, Nevada

Posted on February 21, 2008
As many Nevadans know, Nevada is earthquake country. This just in this morning: A 6.3 magnitude earthquake hit northeastern Nevada this morning with reports of property damage but no injuries so far. The quake had its center approximately 10 miles from the Utah border...

Reno Judge Slashes Damage Award

Posted on February 20, 2008
Washoe District Court Judge Robert Perry has reduced the recent landmark jury award against pharmaceutical giant Wyeth arising from Wyeth's development and marketing of Prempro. Judge Perry cut the award from $134 million to $58 million. $23 million is allocated toward compensatory damages and $35 million is punitive damages...

Hospitals More Dangerous After Dark

Posted on February 19, 2008
A new study that appears in the Journal of the American Medical Association concludes that the graveyard shift in hospitals is the most dangerous time for a patient to require a "code blue" for a stopped heart. Researchers found that among the late night cases studied, there were a higher portion of instances where patients were discovered with no heart electrical activity; that is, too late to deliver a lifesaving shock...

Nevada Equitable and Legal Claims at Trial

Posted on February 15, 2008
On December 27, 2007 the Nevada Supreme Court clarified in Awada v. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, the manner in which a Nevada District Court may handle mixed claims for legal and equitable relief at trial and found as follows: In this appeal, we consider the primary issue of whether a district court has the authority to bifurcate the legal and equitable claims presented in a single action, conduct a bench trial on an equitable claim, and then use the findings of fact and conclusions of law from that bench trial to dispose of the case...

Update on Nevada Allstate Attorney Misconduct Case

Posted on February 14, 2008
In the ongoing squabble over Allstate defense attorney Phil Emerson's repeated misconduct in arguing cases at trial, the Nevada Supreme Court rendered its latest decision on January 17, 2008. In its introduction to Lioce v. Cohen, 124 Nev. Adv. Op. No...

Does Nevada Have Jurisdiction? Part III

Posted on February 13, 2008
This is the last part of my three-part series on the issue of whether Nevada has jurisdiction over a doctor who practices medicine over the Internet from a different state. 1. Many States Have Recognized The Propriety Of Exercising Jurisdiction Over Nonresident Doctors Courts have found jurisdiction over nonresident doctors where they purposefully directed their actions at plaintiffs' states...

Back from Other Places

Posted on February 12, 2008
I've been wrapped up in litigation lately and otherwise trying to take advantage of the epic snow that we've been seeing; and I've therefore been remiss in finishing the last of the series I started. I will do that within a day or two. In the brief time I've been away there have been major medical discoveries, the Internet went down for one side of the world, Blackberry stopped working for a time, Barack Obama is further ahead and Mike Huckabee is a worrisome nuisance for the presumptive nominee...

Nevada Medical Malpractice Statute of Limitations

Posted on January 18, 2008
I will get back to my three-part series on the Nevada jurisdictional question we were analyzing on Monday or Tuesday. First, though, since I've recently mentioned the insurance industry's fraud on the Nevada voters otherwise known as KODIN, I reprint below Nevada's highly restrictive statute of limitations...

Allstate Gets the Boot in Florida

Posted on January 18, 2008
Here's a plug for Trial Guides at www.trialguides.com. The following interesting news comes from their enewsletter of today's date. This week, Florida Insurance Commissioner Kevin McCarty announced that he is suspending Allstate Insurance companies from writing new insurance in Florida...

Does Nevada Have Jurisdiction? Part II

Posted on January 18, 2008
This is the second part of what will be a three-part blog. See yesterday's blog for the issue that the following argument addresses: A. The Fiduciary Shield Doctrine Is Not Law In Nevada And Even If It Were It Would Not Preclude An Exercise Of Jurisdiction The fiduciary shield doctrine, a flawed legal theory that has generated confusion and countless inconsistent exceptions, provides that acts performed by an individual in his capacity as a corporate officer may not form the predicate for the exercise of jurisdiction over him as an individual...

Does Nevada Have Jurisdiction Over an Out of State Doctor Who Treats Nevada Patients Over the Internet?: Nevada Issue of First Impression

Posted on January 17, 2008
ISSUE: Whether a doctor practicing medicine in Nevada remotely over the Internet, for a California medical group that contracts with a Nevada medical group to render medical services remotely over the Internet and contractually agrees to be bound by the laws of Nevada, is subject to the jurisdiction of the Nevada courts? This is the issue of first impression that presents itself in the context of an Answering Brief to a Writ of Prohibition that I'm getting ready to file in the Nevada Supreme Court...

Thorny Issues a Daily Staple in Nevada Medical Malpractice Cases

Posted on January 16, 2008
Any attorney who works in medical malpractice law in Nevada (and there are fewer and fewer of us) knows that difficult issues arise every week. Many of these issues are presented by people who are searching for attorneys. A common issue, after the unfortunate passage of the so-called KODIN legislation, is whether the statute of limitations has run in a particular medical malpractice case...

Response Time in Cardiac Cases Slow

Posted on January 09, 2008
According to a New York Times article dated January 3, 2008, in one out of three cases of cardiac arrests in hospitals, the staff takes too long to respond and increases the risk of brain damage and death in the patient. This study was based on 6,789 patients in 369 different hospitals whose hearts stopped but could have been resuscitated with an electric shock...

Be Safe on the Ice and Snow

Posted on January 08, 2008
On January 4th, one of the worst storms in recent history hit the Sierra Nevadas, knocking out power, causing flooding and forcing people to evacuate their homes. The storm initially dropped roughly six to ten inches of rain, which turned to snow later on that evening...

Woman Dies in Dentist Chair

Posted on January 02, 2008
Last week Georgette Watson, principal of Brentano Math and Science Academy in Chicago, died while undergoing a root canal in her dentist's chair. It wasn't the physical surgery that killed her, however. The blame is being placed upon her anesthesia, which put her in a state between unconsciousness and being awake, a state known as "twilight sedation...

Nevada Medical Board a Subject of Scrutiny

Posted on December 29, 2007
As reported yesterday, the Nevada State Board of Medical Examiners disciplined a record number of doctors at its last meeting. The Board has come under scrutiny in recent years for a variety of practices. In fact, according to a Reno Gazette Journal article dated December 12, 2007, our Nevada Board is one of the worst in the United States for disciplining doctors...

Nevada Doctors Disciplined by Board

Posted on December 28, 2007
In the most recent Nevada Board of State Medical Examiners meeting, seven medical doctors and one physician's assistant were disciplined. The Reno Gazette reports that this is the largest number of disciplinary actions at one meeting in several years...