A Kentucky university has agreed to a settlement of more than $14 million over the death of a student wrestler hours after practice. The settlement of junior Grant Brace's wrongful death case comes after the 20 year old junior died on August 31, 2020 from heat stroke after he begged for water a...
Schmidt, Sethi & Akmajian Blog
AI May Improve Cancer Detection
According to a New York Times article dated March 5, 2023, artificial intelligence, or A.I., may help in detecting cancer and in reducing human error. The article concerned a program in Hungary, which has an aggressive breast cancer screening program. Breast cancer screening is done with mammo...
Torts: Adult Protective Services Act: Timing of Determination Adult is “Vulnerable”
Lindquist v. Mathias, No. 1 CA-CV 22-0213 (App. Div. I, February 28, 2023) (J. Weinzweig) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0213%20-%20Lindquist%20v.%20Mathias%20-%20Opinion.pdf INTERESTED PERSON NOT ENTITLED TO FILE ACTION ON BEHALF OF “VULNERABLE ADULT” U...
Ford Has Recalled Ranger Trucks Due to Airbag Issue
Ford has recently issued a recall for its popular Ranger pickup truck due to a potential safety issue with the airbags. The recall affects approximately 100,000 vehicles. If you have a Ranger, you should check to see if your car falls under the recall. The problem with the airbag is related to t...
Dog Food Recall Alert
Purina Nestle has voluntarily recalled selected lots of Purina Pro Plan Veterinary Diets EL Elemental (PPVD EL) dog food after Purina heard about two separate customers' dogs who suffered symptoms of Vitamin D toxicity. Luckily, once taken off the food, the dogs in question recovered. While Vit...
The Problem with Nonprofit Hospitals
As a personal injury law firm, we interract with clients every day who have sustained serious injuries and have to get medical treatment at hospitals. With the complexities of insurance and the rising cost of medical care, we think it's important to keep the public aware of different topics surrr...
Civil Commitment: “Simultaneous” Disclosure of Experts
State v. Silvas, No.1CA-SA 22-108(App. Div. I January 24, 2023) (J.Furuya) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-SA%2022-0108%20State%20v.%20Polk-Silvas.pdf SEXUALLY VIOLENT PERSON ACT/A.R.S. § 36-3703(A) REQUIRES “SIMULTANEOUS” DISCLOSURE OF THE IDENTITY OF EACH SID...
Criminal Defense Self Defense
State v. Ewer, No. CR-21-0059-PR (January 18,2023) (J. Beene) SELF-DEFENSE DEFINED IN A.R.S. § 13-404(A) APPLIES TO DEFENDANT'S AND NOT VICTIM'S CONDUCT The defendant and others got into a rock throwing fight over a failed $20 heroin transaction that escalated into the defendant shooting an ap...
Report: 1 in 4 Hospital Patients Suffer Harm During Treatment
A recent study published in the Journal of Patient Safety has found that nearly one in four hospital patients in the United States experience some form of harm during their treatment. This harm can take many forms, from medication errors to infections contracted during a hospital stay. One of th...
Fisher Price Rock 'n Play Sleeper Recall
Fisher-Price has recalled over 4.7 million of its Rock 'n Play Sleeper after reports linked the product to over 30 infant deaths. The recall affects all models of the product, which have been manufactured since its introduction in 2009. The recall comes after the American Academy of Pediatrics (A...
Civil Procedure: Service of Motion to Reopen & Rule 41(a) Voluntary Dismissal
Olewin v. Nobel, No. 1 CA-CV 20-0706 (App. Div. I, January 5, 2023) (J. Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/CV%2020-0706%20Olewin%20OP%20Final.pdf SERVICE OF MOTION TO REOPEN LAWSUIT DISMISSED FOR LACK OF PROSECUTION EFFECTIVE WHEN MAILED TO DEFENDANT'S STATUTORY AGE...
Community Update
One of the main tenets of our firm is to give back to the community that we are so lucky to be a part of. Here are some of the highlights of community involvement and contribution that our firm has provided in the recent months. The firm has made Substantial donations to the Law College Assoc...
Six Steps to Take After a Trucking Accident
If you are involved in a trucking crash, it is important to take steps to preserve evidence in order to help prove what happened and who may be at fault. Here are some steps you can take: Take photographs or video of the scene: Document the damage to your vehicle, the location of the vehicle...
Comparative Fault in Arizona
In Arizona, comparative fault is a legal doctrine that apportions fault and damages in personal injury cases. It allows a court to assign a percentage of fault to each party involved in an accident or incident, and to award damages accordingly. Under Arizona's comparative fault law, if you are i...
Recalled Toys from Facebook and EBay Sellers
According to a recent report from USA Today, several recalled toys are being sold on Facebook and eBay, despite being banned from sale due to safety concerns. The report cites the example of a toy called "Slimeball Slinger," which was recalled in 2017 due to a choking hazard. However, the toy can...
Study: Diagnostic Errors in the Emergency Department Impact 12 Million Patients a Year.
Diagnostic errors in the emergency department can have serious consequences for patients, including misdiagnosis, delayed treatment, and adverse events. A recent study titled "Diagnostic Errors: A Research Review" published by the Agency for Healthcare Research and Quality (AHRQ) discusses the pr...
THE TRAGIC STORY OF VICKY PHELAN AND ERRONEOUS CANCER TESTING
Recently, the New York Times highlighted the problem of fatal mistakes in cancer testing. (“A Botched Caner Test, a National Scandal, and an Irish Hero”, New York Times, November 16, 2022) Under the auspices of an Irish government program, Vicky Phalen underwent “routine” cervical cancer testing...
Workers’ Compensation: Mental Illness Caused by “Unexpected, Unusual or Extraordinary Stress”
Matthews v. Industrial Comm'n, No. CV-21-0192-PR (November 23, 2022) (J. Bolick) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2022/CV210192PR.pdf A.R.S. § 23-1043.01(B) LIMITING WORKERS' COMPENSATION CLAIMS FOR MENTAL ILLNESS TO THOSE THAT ARISE FROM AN “UNEXPECTED, UNUSUAL OR EXTRAOR...
American Exceptionalism – An Unwelcome Rise in Car Accident Deaths
The New York Times recently reported out a story of American Exceptionalism, except this time the recognition is unwanted. Comparing road deaths from 2017 to 2020, America saw a 5% increase. America was joined by only Switzerland (+5%) and Ireland (+3%) in increases. 27 countries reported signi...
Torts: Duty of Behavioral Health Professionals Performing Screenings for Involuntary Treatment to Report Suspected Abuse or Neglect
Avitia v. Crisis Preparation & Recovery Inc., No. 1 CA-CV 21-0083 (App. Div. I, November 8 2022) (J. Bailey) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2022/1%20CA-CV%2021-0083%20Avitia.pdf ABSENT FACTS A MINOR IS CURRENTLY OR IN THE PAST A VICTIM OF INJURY, ABUSE OR NEGLECT THERE IS N...
Punitive Damages: Reprehensibility Supports Higher Ratio Punitive Damages to Compensatory Damages
Riley v. Volkswagen Group of Am., No. 20-15882 (9th Cir. October 18, 2022) (J. Gould) https://cdn.ca9.uscourts.gov/datastore/opinions/2022/10/18/20-15882.pdf WHERE CONDUCT IS PARTICULARLY REPREHENSIBLE LARGER RATIO OF 8 TO 1 PUNITIVE DAMAGES TO COMPENSATORY IS APPROPRIATE Plaintiffs opted out...
EXPERT WITNESS CHALLENGES
In the trial of medical malpractice cases, plaintiffs must present expert testimony to support key elements of the case. These elements are whether the defendant health care provider breached the standard of medical care and whether such breach was a cause of the plaintiff's injury. Experts are...
Top 5 Truck Driver Behaviors Linked to Future Crashes
Safety experts have identified five behaviors as strong indicators of future crash involvement. The American Transportation Research Institute (ATRI) analyzed more than 580,000 individual truck driver records and identified more than 25 different violations and convictions that increased the like...
IT’S ELECTION TIME AND JUDGES ARE ON THE BALLOT—WHAT IS THE PROCESS?
Many of us just received our early ballots, and numerous judges are listed, three Arizona Supreme Court Justices and twelve judges on the Pima County Superior Court—the trial bench. The Maricopa County ballot includes some 47 judges on their trial bench. What are we voting for, or against? In ...
Torts: Insurance Bad Faith Defenses of Waiver & Mitigation of Damages
Torts: Insurance Bad Faith Defenses of Waiver & Mitigation of Damages Cavallo v. Phoenix Health Plans, Inc., No. CV-21-0051-PR (October 20, 2022) (J. King) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2022/CV210051PR.pdf WAIVER IS GENERALLY NOT A DEFENSE TO THE TORT OF INSURANCE BAD ...