Kelly v. Blanchard, No. 1 CA-SA 23-0021 (App. Div. I, April 27, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-SA%2023-0021%20Kelly%20v.%20Hon.%20Blanchard.pdf Ariz. R. Civ. P. 35(d)(2)(B) REQUIRING PARTY WHO REQUESTS INDEPENDENT MEDICAL EXAMINATION TO PRODUC...
Laurence v. Salt River Project Agricultural Improvement & Power District, No. CV-21-0292-PR (April 28, 2023) (J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV210292PR.pdf WHERE TORT CLAIM AGAINST EMPLOYEE IS DISMISSED FOR REASONS UNRELATED TO MERITS OF CASE RESPONDEAT ...
A Philadelphia jury last week handed down the largest medical malpractice verdict in the history of Pennsylvania--$182.7 million to a five-year old boy born with cerebral palsy and his mother, against the Hospital of the University of Pennsylvania. See https://pennrecord.com/stories/641916402-ph...
Schmidt, Sethi & Akmajian has released it's Spring 2023 Newsletter, "Thinking." This edition focuses on consumer protection. In this issue: Dev Sethi provides information about where to look for and how to research product recalls Ted Schmidt discusses consumer protection laws in Arizona as i...
A bill with bi-partisan support is advancing in the Arizona Legislature to reduce physician supervision of Physician Assistants. (See House Bill 2043 https://www.azleg.gov/legtext/56leg/1R/bills/HB2043H.pdf) Currently, PAs must work under the auspices and supervision of an assigned physician, an...
The future of transportation is rapidly advancing as autonomous vehicles (AVs) become a more prominent part of our everyday lives. These self-driving marvels hold the potential to revolutionize the way we travel, offering increased safety, efficiency, and accessibility. But have you ever wonder...
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...
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...
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 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...
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...
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...
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...
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...
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 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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
