Las Vegas Injury Lawyers Blog

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

The Federal Arbitration Act (FAA) was passed in 1925 and it allowed for disputes to be settled through arbitration instead of the court. Once in arbitration, decisions are made by either an arbitrator or an arbitration panel, and are legally binding. The FAA is a preemptive law that will take precedent if state laws do not support arbitration. This is true in many cases in Nevada and around the United States.

After an arbitrator has determined an award, it will need to be confirmed by the court. The FAA also assures that arbitration should be equally as fair as using the court system. Entities who participate in arbitration give up their right to an appeal. The FAA only allows for arbitration to be invalidated upon confirmed claims of duress or unconscionability.

Arbitration offers an additional legal remedy to resolve disputes, and can be helpful. However, the Supreme Court of Appeals of West Virginia has recently ruled, citing unconscionability, against clauses in nursing home contracts, requiring mandatory arbitration, in cases of injury or wrongful death.

Several families had filed lawsuits alleging loved ones had died of negligence at the fault of nursing homes. The nursing homes, however, had binding arbitration clauses written into the contracts of those who were admitted as residents. When a lawsuit would arise with claims against the nursing home, the nursing home would force the plaintiff into arbitration. In these cases, arbitration was seen by some, as unfairly beneficial to nursing homes, because it limited damages plaintiffs could receive.

The court goes on to further explain itself and the reasons to its decisions. The court explains the situation that people come to sign contracts admitting their loved ones, as full of duress. They state that individuals lack the time to "comparison shop." It is under these circumstances that the court points out, families often have no idea that they are signing a contract that "go[es] far beyond the medical care and ... instead, have serious implications for their legal and constitutional rights"

The court's ruling has had a tremendous impact in the justice system for elderly abuse. Families, who may have been tricked into an unfair and unjust contract, protecting neglectful nursing homes, can now fight back.

As an alternative view, some Las Vegas lawyers do not challenge arbitration clauses. Many jury verdicts from trials in Clark County in recent years have demonstrated that juries tend to give medical providers the benefit of the doubt. In some cases, outright jury nullification has taken place according to some attorneys. In other words, even if there is a belief by the juries that a doctor or nurse did something wrong, the juries still find in their favor because certain people believe that doctors should be exempt from lawsuits. Other people feel differently. Sometimes arbitration might be the way to go. Every case is different.

Full information the story can be found here: West Virginia Supreme Court Rules Against Arbitration

Continue reading "Unconscionability in Nursing Home Clauses for Mandatory Arbitration" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

Love is supposed to be the basis of a happy relationship. When people get married, the intent is that it is to last forever. However, with increasing divorce rates, it is obvious that this is not true. Although divorce may be more of a commonality with our current culture, it is still difficult to accept for most people.

Xiaoye Wang and Tianle Heidi were married with a two-year-old son up until Wang's death. Wang had been a computer engineer, and Li a chemist at Bristol Myers Squibb. The couple resided within the Monroe Township in New Jersey, where Wang's relatives have filed a wrongful death lawsuit.

Wang had been admitted to the University Medical Center in Princeton, New Jersey, complaining of abdominal pain. Twelve days later he died there. It was discovered that thallium, which is an odorless substance, and nicknamed "The Poisoner's Poison" was responsible for Wang's death.

When Wang had first been admitted he confided in doctors that he suspected his wife of poisoning him. He told his doctors that they were expecting to soon be divorced. He requested to have his urine checked. The doctor made a note suggesting Wang's concern might be brought on by paranoia, but nonetheless recommended an investigation.

Despite Wang's warnings of his wife's potential danger, she was allowed free and unsupervised access. It was also discovered that a note on Wang's medical chart, reinforced his desire stating, "Wife should be monitored...patient shouldn't be left alone." However, these instructions were allegedly ignored. Six doctors were named in the lawsuit that was filed by Wang's family. Wang's wife was arrested on suspected murder charges, and had her bail set at over $4,000,000. The lawsuit also alleges that Bristol Myers Squibb's regulations, regarding its thallium used for diagnosing coronary artery disease, were too relaxed. Thallium has previously been banned from use in rat poisons, due to its potential for murder and easy access.

If Li is convicted of murder, using thallium, then the doctors and the hospital, which allowed her access to Wang may be held responsible. It is frightening to think that should we be admitted to a hospital, and suspect someone of causing our ailment, that the hospital could continue to allow that person to see us unsupervised. While thallium carries a strong tie to poisoning, it seems only natural that access to it should be restricted to legitimate purposes. Tragedies like the one described may not always be preventable, but legal recourse can help bring justice to a family.

Full information the story can be found here: Lawsuit names drug company, hospital over suspected murder case

Continue reading "A Poisonous Love " »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

Guns have played a significant role in establishing peace through force since they were first invented. Law officers and the military have come to rely upon them through our modern era. However, not every confrontation requires the use of a handgun, and efforts have been focused to producing weapons that are nonlethal. The most common form of these weapons has been Tasers, and pepper spray. These weapons are intended to offer a safer alternative to the destructive power of guns. However, with any weapon used against someone, there is always a potential for inflicting unintended pain, or death. A verdict of $10,000,000 has been awarded against Taser International to the family of a teenage boy who died at the hands of a "nonlethal" weapon.

The boy had been working at a store, when he entered into an argument with the store manager. The store manager instructed him to leave, and unwilling to cooperate, began throwing displays upon the ground and shouting. When a police officer arrived the boy did not stop his disruption, and the officer wielded his Taser. Next, the officer began to stun the boy with thousands of volts of electricity, for a period of no less than 37 seconds, according to video footage.

An autopsy revealed that the boy's heart had stopped functioning correctly, and was not pumping blood normally. It also revealed that this was due to the shock, the boy was experiencing from prolonged exposure to the Taser. During the case of the trial, Taser International tried to make claims that this was a result of a preexisting heart condition, but the autopsy found no evidence of this.

The family of the boy filed a wrongful death claim against Taser International and the city of Charlotte. The police officer that was responsible for killing the boy had not followed proper procedure for using his Taser. This resulted in new classes and training, being administered to all police officers in the appropriate use of a Taser.

Taser International was convicted by a jury for not warning those who use Tasers about the dangers of placing a Taser on the chest. For its defense Taser International claimed that studies revealed no increase of danger by placing a Taser on the chest. This, however, seemed to be in direct conflict with the findings of the autopsy report.

While nonlethal forms of keeping the peace can offer better solutions to guns, we must be sure they are in fact nonlethal. Carrying a weapon, that can cause death if used incorrectly, is effectively allowing people to be killed for minor infractions of the law. It is handing out a death sentence for shop lifting, disturbing the peace, or similar misdemeanors. Nonlethal weapons are required to meet a standard of safety, which was not met in this case. No family should have to suffer a loss like this.

Full information the story can be found here: Teen's family wins $10 million Taser verdict

Continue reading "$10,000,000 for Lethal Taser Incident" »

A child's laughter may very well be the happiest sound in the world. It seems to sooth the soul and melt away grown up hardships, the world becomes an innocent and happy place. On the opposite side of the spectrum a child's death can be one of the most traumatic events a family and community can experience. To take away someone's future to live a happy life or contribute to society isn't just a crime against one person it's a crime against the nature of humanity.

We all have the right to life but it is most cherished when it regards children. Mark DiBona was four years old when he had his right to life taken away in Auburn Mass. The circumstances behind his death are atrocious and point at many failures of the safeties our modern society enjoys. Mark was getting onto a mall escalator, like so many American families do on a daily basis, while holding the handrail he was pulled between an opening in the plexiglass barrier. Mark then fell to his death, landing on a display casing. A person can only imagine the pure terror going through a child's mind and the horror the parents felt as they watched their son die. Mark's death was not in complete vain though, his heart was donated in order to save the life of another child.

The issue we face, as a community is as dire as it is imperative that we fix. The hole that Mark went through was not due to a design flaw it was due to an oversight flaw. The fact is the escalator had been designed with a much smaller gap that would have prevented Mark from falling through. The plans for the escalator were approved with the appropriate sizing but the construction requirement was not met when it was built. Several employees at the Department of Public Safety were released from their positions with others pending investigation.

What was discovered was this oversight was not a one-time accident but in fact a reoccurring issue and discovered at other escalators statewide. The problem was that plans were drawn correctly and then the contractor would neglect to follow them and the site inspector would come in and write off on them. This kind of corruption is directly linked with a downfall of public safety. There is all sorts of conjecture that could explain why this incident happened but preventing it from reoccurring is more important.

Those who signed off on an illegal structure need to be punished as well as those who built it incorrectly in the first place. To many times in our society people are killed and injured by design flaws, but this case was not one of them. This could have been prevented if several people had performed their job honestly and correctly. Our hearts go out to the family who has suffered an unnecessary and painful tragedy.

A full article can be found here: Family Sues In Boy's Escalator Death At Auburn Mall

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured or hurt at the fault of another and would like justice done, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

A Las Vegas lawsuit alleges a girl died after participating in religious rights in July 2010 and now her mother is filling suit against The Moment of Truth Ministries Inc.

The church is charged with wrongful death, negligence and product liability. The suit claims the girl had intended to fast for religious reasons and was given a pill containing dangerous substances by the Ministry. Later that day the girl passed away.

The church denies responsibility for the death citing the girl's preexisting medical conditions. Further, the church argues that the fast was unrelated to the church and that they did not give the girl any substance. The church says they are grieving the girl's death too and that the victim's mother is being influenced to file the suit.

Punitive, exemplary and general damages are being sought by the plaintiff.

A full article can be found here: Lawsuit alleges teen died after church ritual

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured or harmed by the actions of a group or individual and would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours. Call toll free 866-414-0400.

Last week, more than a year after killing a bicyclist in a drunk- driving accident, Charley Matanza pleaded guilty to driving under the influence and causing death. He will be sentenced in Clark County Court. According to the Las Vegas Sun, the bicyclist was Gary Lommason, a retired Army Sergeant. Matanza's car had crashed over a sidewalk on Desert Inn Road, striking and killing Lommason, who was dragged under the vehicle. At that time, Matanza was under the influence of a variety of substances including methamphetamine.

Continue reading "Drunk Driver Pleads Guilty to Criminal Charge; Civil Liability Also Possible" »

A man was approached and beaten on September 3, 2010 on the Las Vegas Strip. According to detectives, the victim was attacked by a man described as black, between the ages of 18-22, 5-feet-11 inches tall, and average weight. According to witnesses of the brutal attack, the suspect fled the scene with four other people. When the Metro Police arrived on scene, they found the man on the sidewalk, bleeding and unconscious with apparent trauma to his head. He was immediately rushed to University Medical Center's trauma unit. The man died on Friday, September 10, 2010 after a week of intensive care. The identity of the victim and official cause of death will be release soon by the Clark County Coroner's Office.

Once the suspect is caught, what will happen? No doubt the county prosecutors shall seek justice and try the man to the fullest extent the law allows. After all, this is a brutal attack that deserves punishment. But what about the family and the victims loved ones? Do they have recourse?

Nevada, like most states, has a Wrongful Death statute that allows the heirs or representatives of a deceased to bring suit against the person who caused the wrongful death. See Nevada Revised Statutes § 41.085. Specifically, the law allows an heir to recover damages, awarded by a jury, for grief or sorrow, loss of probably support, companionship, and also damages for pain and suffering. The heir or representative may also be able to recover medical expenses and funeral costs.

It is important to comment that the Nevada statute of limitations only allows a two-year period to file this type of suit following the death of a person. Therefore, it is important that if you are in this kind of situation to speak with an attorney sooner than later.

Man Dies from Injuries After Beating on Las Vegas Strip

Continue reading "Victim Dies from Injuries in University Medical Center's Trauma Unit after Beating on the Las Vegas Strip" »