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Personal Injury Law

Reno Personal Injury Lawyer

By Steven J. Klearman, Esq.

Post Frequency: 1.4/day

Last Entry: April 20, 2010 at 13:18:10

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...

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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

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