RECENT AND NOTABLE CASES

KENNETH RODGERS, M.D. v. LUKER, et al, Greene Cty Circuit #01-136. 42 year-old ER physician injured in MVA sustained fractured acetabulum with open reduction and screw fixation. Settled for policy limits of $300,000 plus $100,000 underinsured. During hospitalization physical therapist allowed leg to fall resulting in the fractured hip joint being dislocated and screws out of place. Orthopedic ordered x-ray which revealed a dislocated hip but radiologist did not notify orthopedic who left town for 5 days and his partner did not review chart to determine an x-ray was ordered. No report was in chart and hip was untreated until orthopedic returned 6 days later. Second surgery required metal brace with 9 fixation screws, hip joint became infected resulting in loss of head of femur and ultimately a total hip replacement - Suit against orthopedist, radiologist, physical therapist and hospital resulted in a confidential settlement in 2004.

DAVIS v. INSURANCE CO. OF HANNOVER, Craighead Cty Circuit #03-354. 75 year-old self-employed heat and air technician using customer's extension ladder to work on top of 10 ft high room. Third day of use, ladder slipped out from under him as he began descent, falling 10 ft to concrete floor below. Jury verdict of $297,000 for OSHA violations in not having ladder tied in place. Suit was against insurance company of immune gov't entity.

Hill v. Doe M.D., U.S.D.C Jonesboro Division. Jan. 2002, $600,000 settlement for newborn with bilateral hip dislocations which were untreated for over 11 months even though radiologist recommended referral to orthopedic specialist. Repeated surgical procedures to correct problems which could have been avoided with use of a brace known as a pavick harness within 5 or 6 months of birth. Structured amounts for child will pay over $2.7 million during her natural lifetime.

Hall v. E-Ton, July 2002, $200,000 jury verdict against 4-wheeler ATV manufacturer for defective chain guard causing loss of toes to a nearly 3 year old riding barefoot with her father.

Hudson v. Doe M.D., Suit against OB-GYN for artificial induction of labor in 32 week normal pregnancy, resulting in a premature infant with respiratory distress. Child, now 3 years old, with no permanent effects except for infrequent asthma-like incidents. (Confidential settlement, Sept. 2002)

Kennedy v. Baptist Memorial Hospital and Weixelman CNM, Suit against a nurse midwife and hospital for brachial plexis injury (Erb's palsy) sustained during childbirth. Child 3 years of age at time of Nov. 2002, settlement for $410,000 with structured portion paying over $3 million during his natural lifetime.

Pace v. Baker, Craighead County Lake City Circuit #98-25, Jury verdict of $2.2 million in 1999 for injuries sustained by 48 year old driver of pickup truck hit when a cotton module truck ran through a stop sign at an intersection. Nine days hospitalization for fractures to left hip ball and socket, ankle, ulna and tibia plateau. Medical expenses of $81,000. Defendant's insurance company paid lost wages of $5,400 to client who as vice president of a bank was making $12,000 more a year at time of trial than when collision occurred in 1996.

Loya Cole, Estate v. Nucor Yamato Steel Mill, 1998, Wrongful death claim for 58 year old male doing maintenance work. $750,000 pre-suit settlement by providing economic loss evaluation and extensive settlement notebook with photos documenting liability of steel company's employee.

W.O. Hulett v. Harris Hospital, Jackson Cty Circuit #91 - 70 year old male seen in ER with chest pains, diagnosed as having a heart attack, given clot busting drug (Activase); pain subsided but began having seizures next day due to brain hemorrhage from given Activase in too short a time period (Confidential settlement 1993)

Ronda Booth v. Charter Lakeside Behavioral Health System, Miss Cty Circuit #97-98. Depression patient's counselor abruptly terminated by employer without allowing closure. Overdosed with drugs, hospitalized 10 days with full recovery. (Confidential settlement 1998)

Arkansas Blue Cross & Blue Shield v. Long, 792 S.W.2d 602 (Ark. 1990), An issue of first impression involving hospitalization policy which denied coverage where an insured leaves hospital against medical advice, held policy provision invalid as against public policy. 34 ATLA L.Rep. 19.

Summers v. Baptist Medical Ctr - Arkadelphia, 69 F.3d 902 (8th Cir. E.D. Ark.). EMTALA case requiring hospitals to develop screening procedures for emergency room treatment and apply them uniformly to all patients. 11 PNLR 28. Reported in Lawyers Weekly USA 12-18-95.

Billy Davis, Estate v. Emergency Care Specialists and Enrique Guilermo, M.D., U.S.D.C. Helena Division No. H-C 96-130. Medical malpractice wrongful death action for failure of ER physician to diagnose heart attack in 59 year old male presenting with chest pains and sweating (Confidential settlement 1998)

M.B.M. Co., Inc. v. Counce, 596 S.W.2d 681 (1980). Case of first impression in Arkansas allowing recovery for intentional infliction of emotional distress. 23 ATLA L. Rep. 292.

Robinson v. MFA Mutual Ins. Co., 629 F.2d 497 (8th Cir. E.D. Ark. 1980) Prior to state law recognizing tort of "bad faith", federal court allowed recovery under the tort of deceit for insurer's wrongful refusal to settle an uninsured motorist claim. 23 ATLA L. Rpr. 464.