According to the Reno Gazette Journal, the Reno Police are relaunching a $36,000 campaign to increase traffic safety. Under the campaign, pedestrians and bicyclists may receive citations for violating safety laws. Reno Wheelmen official Spencer Ericksen estimates that 25 percent...
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The Nevada Supreme Court addressed the applicability of NRS 41A.097, Nevada's medical malpractice statute of limitations, to equitable indemnity and contribution claims. In Saylor v. Arcotta, 126 Nev. Adv. Op. No. 9 (March 4, 2010), a taxicab passenger was injured...
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22% of Nevada motorists are uninsured, according to Jim Gibbons' chief of staff, Robin Reedy. According to Chicago company InsureNet, Nevada could raise $30 million by using InsureNet's system of photographing license plates to identify uninsured and unregistered vehicles. The...
Continue reading "Nevada Assembly Rejects Proposal to Photograph Uninsured Motorists" »
Avandia, a drug produced by GlaxoSmithKline (GSK) and used to control Diabetes, was the subject of a Senate report released Saturday. Among the report's finding was that "The totality of evidence suggests that GSK was aware of the possible cardiac...
Continue reading "Avandia Controversy: Senate Report Says Drugmaker Had Duty to Warn of Heart Risks" »
A class action lawsuit has been filed in a Philadelphia suburb against a school district that provided students with laptops installed with webcams. The problem? The 2,300 laptops' webcams were remotely accessible by school officials. According to Law.com, the lawsuit...
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A Texas nurse who notified the state medical board of a doctor's unsafe practices found herself on trial for a third-degree felony with the possibility of up to ten years in jail and up to a $10,000 fine. The prosecution's...
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Since 2004, Nevada statute has limited jury awards in medical malpractice actions to $350,000 for noneconomic damages, such as pain and suffering. Illinois has a similar statute, which limits noneconomic damages to $500,000 for doctors and $1 million for hospitals....
Continue reading "Illinois Cap on Medical Malpractice Damages Unconstitutional" »
In further attempts to combat the dangers of distracted driving, The U.S. Dept. of Transportation has prohibited commercial drivers from texting while driving. Commercial drivers include drivers of interstate buses and trucks over 10,000 pounds. Drivers who violate the ban...
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As of February 2010, according to the Governor's Highway Safety Association, many states prohibit or limit the use of cell phones while driving. The GHSA reports the state laws currently in effect: Handheld Cell Phone Bans for All Drivers: 6...
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The National Safety Council and the U.S. Dept. of Transportation announced a new, non-profit advocacy group, FocusDriven. The advocacy group's mission is to "Support victims of cell phone distracted driving and families of victims, and increase public awareness of the...
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In Sanchez v. Wal-Mart Stores, 125 Nev. Adv. Op. No. 60 (December 24, 2009), the Nevada Supreme Court examined the scope of a pharmacy's duty of care. In June 2004, Gregory Sanchez, Jr., stopped on the side of the road...
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On September 29, the National Highway Traffic Safety Administration alerted consumers about Toyota and Lexus vehicles experiencing unintended acceleration due to the accelerator becoming stuck. According to the NHTSA press release, floor mats in certain Toyota and Lexus models have...
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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...
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The American Association for Justice, in its efforts to promote health care reform, has attacked health care reform opponents' arguments that reform will be a heavy financial burden on the health care system. "All the facts and evidence show...
Continue reading "Exposing Myths About Medical Malpractice" »
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...
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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...
Continue reading "Nevada Supreme Court Reviews Dram Shop Liability" »
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...
Continue reading "Nevada Supreme Court Rejects Anti-Stacking Rules for Concurrent Negligence" »
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...
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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...
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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...
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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...
Continue reading "Insurer's Have Duty to Inform Insured's About Settlement Offers" »
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...
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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...
Continue reading "AAJ Clarifies: MMSEA's Section 111 Does Not Require Set-Asides in Liability Cases" »
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...
Continue reading "More on the Medical Device Safety Act from the AAJ" »
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...
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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:...
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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...
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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...
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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...
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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...
Continue reading "Medicare, Medicaid and SCHIP Extension Act's New Requirements" »
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...
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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....
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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...
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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...
Continue reading "Bus Crashes Call into Question Federal Safety Standards" »
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. According...
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