El Dorado Personal Injury Lawyer - Miscellaneous

What Is A Lawsuit

Frank Bailey — Sun, 13 Jul 2008 16:19:46 GMT

So far as I know, the United States is the only country in the world that allows a jury of peers to determine our rights when we are wronged. In olden days, it was an eye for an eye, or a tooth for a tooth. If someone crossed onto your land and broke your arm, you had a right to go onto their land and break their arm. That was not a civilized way to settle matters.

In our country we have a system of money damages. If a wrongdoer harms you, you have a right to present your case to a jury, a jury of 12 men and women. The jury hears the evidence and decides what an appropriate remedy for the harm you incurred is. And that makes sense.

That is what we call a lawsuit. It is a civil way to determine genuine disputes.

Lawsuits are under attack by big corporations and insurance companies, because lawsuits even the playing field. Big corporations and insurance companies have to answer to the jury’s verdict no matter how big they are. That is what big corporations and insurance companies hate about our jury system of justice. They can’t do whatever they want, they have to follow the law, and a lawsuit is what makes big corporations and insurance companies follow the law.

If you have suffered harm at the hands of a wrongdoer, a lawsuit is a means to compensate you for the harms you endured. It is one of the basic principals our country was founded upon. If someone says lawsuits are ruining our country, ask them what they would do if they lost their home and the insurance company failed to pay…or if a drug company made a drug that killed their child…You might be surprised…they would be the first one to the courthouse.

Originally posted at InjuryBoard by Frank Bailey

Arkansas Trial Lawyers Association Awards Sach Oliver Outstanding Young Lawyer

Drew Dixon — Thu, 08 May 2008 16:44:00 GMT

The Arkansas Trial Lawyers Association announced today that, Sach Oliver is the recipient of the organization’s 2008 Outstanding Young Lawyer Award.

Each year ATLA recognizes a member of the ATLA Young Lawyers Division who demonstrates a high level of professional excellence, dedication and leadership. This year, Sach Oliver has demonstrated excellence in all the qualifying categories and most notably in the area of professional excellence.

“Sach has a history of leadership beginning with his service as president of the ASU Student Government during his undergraduate career where he also received the Wilson Award for Outstanding Service,” stated John Patterson, Past President of ATLA.

In law school, Oliver was President of the Student Chapter of ATLA at the U of A School of Law and won the coveted “Best Oral Argument” award in the National Trial Competition sponsored by the American College of Trial Lawyers defeating students from the top 150 law schools throughout the country.

Upon receipt, Oliver noted, “I am honored to be recognized by such an outstanding organization, ATLA. It is a privilege to represent and protect the rights of our wonderful clients while holding wrongdoers accountable.”

The Arkansas Trial Lawyers Association (ATLA), founded in 1963, is an affiliate of the American Association for Justice in Washington, D.C. ATLA was established in order to advance the administration of justice while upholding and improving the adversary system and preserving every citizen's access to trial by jury. Through continuing legal education programs and publications, ATLA serves its membership by providing training in all fields and phases of advocacy. The association is a volunteer organization with a statewide membership of approximately 1,000 lawyers from all 75 counties and several states.

Originally posted at InjuryBoard by Drew Dixon

Being A Trial Lawyer

Frank Bailey — Sat, 12 Apr 2008 18:51:27 GMT

Being from a small town in Arkansas, I am always kidded about being a hillbilly or a hootie (pronounced who tee) when traveling out of state. It is not as bad though as being looked down upon be ordinary good people who have fallen prey to the propaganda put out by corporate America. I am proud to look out for the rights of the little people, but being looked down upon for being a trial lawyer hurts.

Not many people are aware of it, but Arkansas is continually ranked #1 in philanthropic giving of all the states…and the more I think about it, that is the way the people of Arkansas are...giving.

This last week, I had the opportunity to attend a conference with the InjuryBoard family of lawyers. I learned that through the Internet, we have the power to challenge corporate America and hold it to task for the harm they cause ordinary good people. I am excited.

Originally posted at InjuryBoard by Frank Bailey

Flooding in Arkansas Strains Levees

Jeanie Oliver — Tue, 08 Apr 2008 14:50:06 GMT

It has been more than 25 years since Arkansas has seen such dramatic flooding. Levees along the Black, Arkansas, and White rivers have been able to prevent widespread destruction and death so far.

Unfortunately, the state's wheat crop, roads, and other transportation infrastructure have taken financial hits that are worth millions of dollars. North of Des Arc on Saturday, the Black River did breach through a levee.
Sandbag volunteers have been working unceasingly to plug the coming tide of flood waters. In Georgetown, a small Arkansas town and one of the oldest settlements in the state, the White River crested Monday at a record 30.15 feet. People living in the town were warned that the settlement would be cut off from all outside access to the town. In the area, the flood waters were expanding over 20 miles of flat farmland.

The Mississippi River is the ultimate area of worry now as all of the flood waters from last week's floods flow south into the delta lands of Louisiana. More information about the flood and resources for assistance can be found at the Arkansas Department of Emergency Management.

Originally posted at InjuryBoard by Jeanie Oliver

DURAGESIC PATCH CRITICAL UPDATE

Frank Bailey — Fri, 28 Mar 2008 11:07:02 GMT

Johnson & Johnson continues to market DURAGESIC patches even though it appears their factories are still not able to produce safe patches. Juries in Texas and Florida have found in favor of families whose loved ones died as a result of a defective DURAGESIC patch. We believe there are more than 70 lawsuits now on file concerning these defective patches.

Although the FDA has been aware of the danger of DURAGESIC patches since 2005 when it received notice that 120 patients died using the patches, it has done little to protect the public other than issuing a safety warning in December. That is why lawsuits are so important in this area.

Since DURAGESIC patches generated $1.6 billion in sales last year, Johnson & Johnson is keeping them on the market. DURAGESIC patches are Johnson & Johnson's eighth biggest selling product. Could that be why these dangerous patches are still being marketed?

The Fentanyl contained in these patches is stronger than morphine and can cause respiratory depression and death if there is a nick or cut in the membrane allowing a larger dose to enter the patient's body than was intended.
If you have family or a friend that has suffered as a result of a defective DURAGESIC patch, we can answer your questions. It is time to make America a safer place to live, free from the greed of large corporations.

Originally posted at InjuryBoard by Frank Bailey

The Asthma Drug Singulair and Suicide

Frank Bailey — Thu, 27 Mar 2008 11:47:36 GMT

The FDA has recently began investigation of the possible association between the use of SINGULAIR and suicidality (suicidal thinking and behavior) and suicide. SINGULAIR is prescribed for asthma. The FDA advises patients not to stop taking SINGULAIR, but to talk to their doctor if they have questions.

The FDA has also advised healthcare professionals to carefully monitor patients taking SINGULAIR for changes in behavior and mood. Complete evaluation of the drug may take up to 9 months. Once the review is complete the FDA will communicate its recommendations to the public.

SINGULAIR is a leukotriene receptor antagonist. Several other drugs including CYMBALTA have been linked to suicidality and suicide. Help us keep America safe by telling your family and friends about the FDA's concerns

Originally posted at InjuryBoard by Frank Bailey

How to Win a Trucking Accident Case

Frank Bailey — Wed, 26 Mar 2008 09:49:29 GMT

The trucking industry is governed by the statutory framework contained in the Federal Motor Carrier Safety Regulations. If you have been injured in a trucking accident, chances are the truck violated one or more of these safety regulations.
The safety regulations impose almost virtual strict liability on the trucking company to ensure that its drivers observe all the regulations and prohibitions of the safety regulations.
For example, a trucking company shall not require or permit a fatigued or impaired driver from operating a motor vehicle...likewise, no trucking company, its agents, officers, representatives or employees shall make or cause to make intentionally false statements on any report or record including the daily log...nor shall a trucking company permit or require a driver to drive in violation of the hours of service regulations...and likewise, a trucking company shall not require or permit a person to drive unless the cargo is properly secured.
The safety regulations also require every motor carrier to systematically inspect, repair, and maintain all vehicles subject to its control and to maintain repair and inspection records.
As you can see, the safety regulations impose direct responsibility on the trucking company to maintain safe operations. If they violate these regulations and you are injured they are accountable. If you have been injured by a big truck, we here at the Bailey and Oliver Law Firm will be glad to answer your questions at no charge.

Originally posted at InjuryBoard by Frank Bailey

When Doctors Remove The Wrong Kidney

Frank Bailey — Mon, 24 Mar 2008 09:43:02 GMT

Where is the shock? Again we read about a medical error, and nobody seems to be outraged. If airlines crashed as frequently as medical errors are made what would people do? We would be outraged! But doctors and hospitals continue to make errors with little accountability.
When doctors at Methodist Hospital made a mistake by removing the healthy kidney from a cancer patient Dr. Samuel Carlson, chief medical officer for Park Nicollet Health Services made the error public.
Accounts by the hospital place blame on a crucial error that happened several weeks before the surgery. Apparently the kidney on the wrong side was identified on the patient's medical charts as potentially cancerous.
New procedures have now been put into place requiring the surgical team to verify sites using the diagnostic imaging before an operation begins. Did it take this tragic error to enact such simple steps?
According to news reports, 24 wrong site surgeries were reported to the Minnesota Department of Health between October 2006 and October 2007. That is two per month, just in Minnesota folks!
These would have surely gone unreported but for Minnesota Governor Tim Pawlenty who signed a bill requiring that hospital errors must be reported to the state. We might do well to lobby Governor Beebe of Arkansas to enact the same reporting procedures here in Arkansas.
None of this is surprising in view of the report from the Institute of Medicine which found that medical errors were a leading cause of death and injury in the United States. The Institute found that at least 44,000 and perhaps as many as 98,000 Americans die in hospitals each year as a result of medical errors.
We at the Bailey and Oliver Law Firm think this is unacceptable. Only by holding doctors and hospitals accountable will mistakes become a thing of the past.

Originally posted at InjuryBoard by Frank Bailey

Tort Reform Leads to Poor Patient Care

Jeanie Oliver — Thu, 17 Jan 2008 17:31:08 GMT

Texas was used as the model child for the proponents of tort reform. However over the past few years Texas and other states that have enacted tort reform laws have been shown to have poorer healthcare systems.

Research has shown that 69% of the states that put limits on patients' access to the courts to hold the medical profession accountable have the the poorest overall healthcare systems. It is only logical that once any entity is no longer called to be responsible for their decisions, then they are more likely to place profitability over top-level performance.
Back to the Lonestar State- Texas now ranks 49th out of 50 in overall healthcare system performance. In this state as well as others who were convinced that tort reform and caps on medical liability damages have resulted in a trend that is resulting in poorer health care especially for patients without access to private insurance. This means that the patients with less choices in their medical care are the ones most significantly hurt.
The end result of this phenomenon is that insurance and medical lobbyists are enabling a rising epidemic of medical errors to once again go unpunished.
The Commonwealth Fund, a non-profit research foundation, has published a report that compares states with caps for legal settlements and their level of medical care. For more information about this report, go to www.texaswatch.org.

Originally posted at InjuryBoard by Jeanie Oliver

Focus Group Jurors- Deliberations

Jeanie Oliver — Wed, 16 Jan 2008 15:22:02 GMT

Wouldn't you as an attorney love to be a fly on the wall of the jury room during deliberations? You can come close if you choose Bailey and Oliver Law Firm to conduct a focus group for your case. The process that juries go through to reach a verdict are vital to understanding how to get that decision to be in your favor!

There are four concepts that I will address here. Unanimity, monitoring, leaving the Jury to deliberate, and a chance to really pay attention to the video of the jury deliberations.
Even though the jurors would not have to be unanimous in court, when we conduct the focus group we have them reach unanimous decisions because they must then take longer and argue more to decide. This way you get to hear each juror's opinions and how they built the story in their minds.
Because you get to monitor the deliberations on video later, it is important to have each juror's background information assessed so you can better understand what aspects of their lives lead them to reach each idea.
We take the process of leaving the jury to deliberate very seriously. You will find that nothing is allowed to distract or affect the jury's decisions. We monitor very carefully the entire process so that nothing but the facts of your case are the primary concerns.
You will have our assessment of the focus group along with the actual videos of the process. I have found it to be amazing what you see and hear the second and third times that you hear the jury's reasoning on all issues of the presentation. And last but not least, just absorb the chance to be in the room for once as a sample group of jurors debate the merits of your case!

Originally posted at InjuryBoard by Jeanie Oliver