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September 21, 2011

On September 21, 2011, at approximately 7:30 a.m., three Fayetteville city employees were rushed to a nearby hospital after being struck by a SUV in the 1900 block of Joyce Boulevard.

According to the driver, she did not see the workers, because the sun was in her eyes. The woman drove over construction cones before hitting two of the workers and clipping the third. Two of the workers were in serious condition after being transported to Washington Regional Medical Center. The condition of the third worker was not known at the time the story was reported by 5 News.

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What the Wal-Mart Ruling Means (A Commentary)

June 30, 2011

By Tré Kitchens

Originally printed in Arkansas Business

I don't know about you, but on June 20, I could have sworn I heard an odd sound emanating from Bentonville, although it very well may have been coming from all of corporate America.

I think it was the sound of bells ringing and CEOs cheering as the U.S. Supreme Court handed down a decision that basically told the American people that some companies are just too big to be held accountable. The court ruled that size matters. The very first sentence of Justice Antonin Scalia's 26-page single-spaced opinion was: "We are presented with one of the most expansive class actions ever."

For those of you who have no idea what I'm talking about, I'm referring to last week's decision by the Supreme Court to turn away a class-action lawsuit brought by more than 1 million women against the nation's largest employer, Wal-Mart. And while it was certainly a blow to those women, the implications are disastrous for anyone in this country attempting to hold a large, powerful corporation accountable in a court of law.

In the Wal-Mart case, female employees claimed that the company had systematically discriminated against them by promoting men more often than women for managerial positions. However, the court held that "[m]erely showing that Wal-Mart's policy of discretion has produced an overall sex-based disparity does not suffice." Remember the old saying "numbers don't lie"? Well, they apparently do to this court, because the justices handed down their ruling in defiance of the statistical evidence.

An easy way to describe what happened in this ruling is to use a baseball analogy. If this case were a baseball game, with one team being the plaintiffs and the other the defendants, the batting team, in this case the female employees, would have just been told they could not step to the plate to take their swing. We don't know how well they would've played because they weren't given the chance to do so. Oh yeah, and it also sent the message that any future batters need not step to the plate.

What many people don't realize is that class-action lawsuits are one of the most important tools that individuals have when challenging major corporate interests, e.g., Wal-Mart. An individual claim of discrimination or wrongdoing may have little or no impact on a billion-dollar company's bottom line and consequently its behavior. However, if you take that individual case and combine it with hundreds, thousands - or in the case of the Wal-Mart lawsuit, more than a million - then you are going to get that company's attention.

Class-action lawsuits (and lawsuits in general) are about responsibility and holding wrongdoers accountable for their actions. If someone were to walk up to your house and throw a brick through the window, you would expect that person to be held accountable for his actions. You'd want him to pay for what he did and want to ensure that he did not do it to anyone else.

Now imagine how you would feel if someone told you that you were out of luck because that brick thrower was a billionaire and simply couldn't be bothered with being held accountable. You'd feel angry, right? Well, in a way, last week's ruling did just that for the million-plus women alleging discrimination. They were told that they could not join together in one powerful entity to stand up to the nation's largest private employer (another observation by Justice Scalia) and would instead have to fight the company in small groups or as individuals.

So the question becomes this: How much of an impact will those individual employees have on the largest employer in the country? Probably very little. And that's exactly what Wal-Mart wanted. And if you don't believe me, just lean your ear toward northwest Arkansas, and I bet you can still hear those bells.

June 27, 2011

Tré Kitchens, immediate past president of the Arkansas Trial Lawyers Association, is a lawyer with the Brad Hendricks Law Firm of Little Rock

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Hendricks Appointed to Joint Task Force

June 29, 2011

Recently, President Mike Boyd of the Arkansas Trial Lawyers Association appointed Brad Hendricks to serve on a committee formed to develop ATLA's views regarding judicial reform and a presentation for the August 2011 meeting of a joint task force of the Arkansas Bar Association and the Judicial Council. The Arkansas Association of Defense Counsel and Pulaski County Circuit Judge Wendell Griffen have also been invited to participate.

Currently, all judges in Arkansas are elected by Arkansas voters through nonpartisan elections. While there are many who support nonpartisan elections, claiming that such elections hold judges accountable to Arkansans, others criticize campaign spending and the potential that an elected judge may sacrifice impartiality because they feel beholden to special interest groups following a successful campaign. Each invitee will be allotted 15 minutes to present their thoughts to the joint task force.

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Brad Hendricks Honored with Lifetime Achievement Award

May 28, 2011

by Caroline C. Lewis

On April 29, 2011, Brad Hendricks was honored with the Arkansas Trial Lawyers Association's Henry Woods Lifetime Achievement Award, which was presented to Mr. Hendricks during a ceremony at the association's annual convention.

Named for the Honorable Henry Woods (March 17, 1918 - March 14, 2002), who served as a United States District Court Judge for the Eastern District of Arkansas from 1980 until his death in 2002, and who remains a symbol of exemplary trial advocacy, the award is given to the member who has dedicated his or her professional career to upholding the ideals of ATLA through helping injured victims, consumers, and those who otherwise lack the ability to protect their own rights. Additionally, recipients must have made significant contributions to the advancement of the legal profession and the improvement of Arkansas through teaching, public service, charitable giving, or other service.

Brad Hendricks was selected as this year's recipient of the Henry Woods Lifetime Achievement Award for his extensive service to ATLA and dedication in his career to the ideals of ATLA, as well as for his support and guidance with respect to ATLA's legislative efforts and what outgoing ATLA President Tré Kitchens referred to as a "lifetime of commitment to the pursuit of justice for average citizens against some of the richest and most powerful corporations in the world."

The foundation for Mr. Hendricks' success within the legal community was attributed, in part, to the positive influence of his father, the late-Judge Lowber Hendricks, who was also highly regarded and respected throughout the State of Arkansas. After graduating cum laude from Arizona State University, Mr. Hendricks obtained his law degree from the University of Arkansas at Little Rock School of Law. After graduation, Mr. Hendricks went to work for the Arkansas Department of Correction as the compliance attorney charged with bringing the Arkansas penal system into compliance with federal constitutional standards that had been identified by the United States Supreme Court.

Assuming a position created specifically for this purpose through the Governor's Emergency Fund, Mr. Hendricks worked tirelessly to reform a system that was singled out from other prison systems across the country for its failures to protect even the most essential rights of its inmates. Addressing issues such as brutality, racism, discipline, security, staffing, medical treatment and many others, his efforts were successful when Arkansas' prison system was the first in the country to be released from supervision by the federal judiciary. As a result, Mr. Hendricks was named the 1982 Arkansas Department of Correction "Employee of the Year." This path, President Kitchens noted, was not the typical path taken by most young attorneys; however, it serves as an example of the less travelled path Mr. Hendricks chose as he rose in prominence in the legal community. Mr. Hendricks also served as the assistant warden of the prison at Wrightsville, Arkansas.

"Heeding the call" of the legal profession, President Kitchens continued, Mr. Hendricks was recruited out of corrections work and joined The Haskins Firm, a multi-state law firm with offices in Houston, Dallas, Austin, San Antonio, Little Rock and St. Louis. At one point, Mr. Hendricks moved to Dallas, while simultaneously maintaining an office in Little Rock, and was assigned primary responsibility for most of the firm's cases in the Dallas-Fort Worth metropolitan area and other cases across the states of Texas and Arkansas.

Throughout his tenure with The Haskins Firm, Mr. Hendricks was highly successful as a trial lawyer, particularly in the area of birth injury law, where he represented children (and their families) who were harmed by obstetric, neonatal, or pediatric malpractice. In addition to verdicts obtained by Mr. Hendricks at trial, many of the cases he settled were reported in various legal publications across the country. One verdict that was reported, in fact, remains today as the only jury verdict in the history of the state of Texas which held a hospital liable for the negligent credentialing of a physician. According to President Kitchens, among the many accomplishments of Brad Hendricks, he considered Mr. Hendricks to be "one of the best trial lawyers in the nation."

After achieving success as a trial lawyer in Texas and Arkansas, Mr. Hendricks turned his attention in 1994 to the business of law by forming his own law firm. When The Brad Hendricks Law Firm was formed, the Arkansas Times published an article about the creation of the firm, suggesting that Mr. Hendricks' firm would be one to watch for the future. A mere six years later, The Brad Hendricks Law Firm was recognized by Arkansas Business Week in 2000 as one of the 25 largest law firms in Arkansas, and the largest plaintiffs' law firm in the state. Since forming The Brad Hendricks Law Firm, Mr. Hendricks has been recognized by his peers in multiple polls published by The Arkansas Times as one of the top medical malpractice and personal injury lawyers in Arkansas. He has also been voted "Best Lawyer" in Arkansas by the readers of The Arkansas Democrat-Gazette, Arkansas' only statewide newspaper, on two occasions. Among his successes is his work as one of the pioneers of the fen phen litigation, in which every case among the 122 lawsuits filed by the firm was successfully resolved in favor of the client.

While building The Brad Hendricks Law Firm into one of the most recognized law firms in the State of Arkansas, Mr. Hendricks continued his service to the legal profession at a dedicated level that has not gone unrecognized at the national level, as reflected by his appointment in 2004 as a trustee of the Association of Trial Lawyers of America (now the American Association for Justice). Mr. Hendricks served for many years as an elected member of the House of Delegates, the governing body of the Arkansas Bar Association, where he often forcefully advocated for those in our society who are least able to advocate for themselves. He remains a tenured delegate, which permits him to speak on any issue which comes before the House of Delegates.

In 1996, Mr. Hendricks was elected to serve on ATLA's Board of Governors, where he served until his election to ATLA's Executive Committee in 2002. He was elected and served as ATLA's President from 2004-2005, a time during which the organization experienced radical change and transformation. Since his tenure as President ended, he has been appointed to serve on the Executive Committee by every President of ATLA and continues serving in that capacity today.

Mr. Hendricks remains deeply committed to the interests and efforts of IMPACT, the political arm of ATLA that serves to direct the flow of campaign contributions to various political candidates, irrespective of partisan affiliation, based on each candidate's understanding and support for the integrity of the judicial system and the right of Americans to a trial by jury. He also serves on the Legislation Committee and the Committee to Protect the Constitution.

In addition to the Henry Woods Lifetime Achievement Award bestowed upon Mr. Hendricks by ATLA, Mr. Hendricks has been honored by his receipt of the 2005 Roxanne Wilson Advocacy Award, an award given "in grateful recognition of exemplary dedication and service to the legal profession and the association, and dedication to the preservation of the civil justice system and the right to trial by jury." Since 2009, he has served as the Chairman of the Arkansas Bar Association's Professional Ethics Committee. In recognition for his outstanding service as the Chairman, Mr. Hendricks was awarded the 2010 Arkansas Bar Association Golden Gavel Award. Presenting the award, Arkansas Bar Association President Donna Pettus stated that Mr. Hendricks had "breathed new life" into the work of the committee. Mr. Hendricks has also served as Chairman of the Arkansas Bar Association's Tort Law Section and as Chairman of the Committee on the Unauthorized Practice of Law.

Throughout his career, Mr. Hendricks has been a frequent speaker in continuing legal education seminars for attorneys in Little Rock, Fayetteville, Jonesboro, Hot Springs, and Tunica, Mississippi. Mr. Hendricks has provided instruction and practice tips on various topics, including ethics in personal injury cases, ethics in advertising, management techniques in medical negligence cases, the handling of personal injury and medical negligence cases, the handling of birth injury cases, new and developing ethics rules, and how to ethically buy or sell a law firm. Mr. Hendricks is routinely asked to repeat his presentations to groups of attorneys in different geographical locations around the state and elsewhere. He also accepted an invitation to address the Arkansas Judicial Council, an organization of Arkansas judges which deals with matters of interest to the judiciary.

While Mr. Hendricks does not publicly discuss his charitable works and contributions, his support for organizations such as United Cerebral Palsy, the Juvenile Diabetes Foundation, the American Cancer Society, and various scholarship programs is common knowledge, as is his service on the Board of the Dave Elswick Foundation, which provides support to families in need across the State of Arkansas.

Despite his service to ATLA, IMPACT, and his other interests, Mr. Hendricks has remained always focused on the law firm he formed in 1994. The Brad Hendricks Law Firm has expanded again in recent years. In 2008, a bankruptcy division was created to protect consumers of Arkansas during what has proven to be one of the worst economic crises in the nation's history. In 2010, further growth occurred with the addition of a commercial law and business litigation division, while further strengthening the firm's resources in the medical negligence, personal injury, and social security departments. The firm also now accepts family law cases and other general practice matters pursuant to Mr. Hendricks' efforts to shape the firm to conform with the needs of the public.

President Kitchens, when presenting the Henry Woods Lifetime Achievement Award to Mr. Hendricks, expressed his own pride at having the honor to present the Award to Brad Hendricks, concluding that he could think of no one who could be more deserving of the award. When notified that the award would be presented to him by President Kitchens at the 2011 ATLA Convention, Mr. Hendricks responded, "I'm humbled in the extreme, but no one should get the wrong idea about a lifetime achievement award. I'm just now getting started."

Leave a Comment » | Arkansas Trial Lawyers Association, ATLA, Brad Hendricks, Brad Hendricks Law Firm, Press Release, Public Relations, Tre Kitchens | Permalink

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Fractures of the Femur Related to Fosamax

May 19, 2011

If you or a loved one has suffered a fractured femur while taking Fosamax for Osteoporosis, call The Brad Hendricks Law Firm today to speak with a member of our firm. More information may be found on our website.

Roughly one out of five American woman over the age of fifty (50) suffer from what is the most common type of bone disease-osteoporosis. It is characterized by thinning bone tissue and loss of bone density over time. As bones weaken, the possibility of fractures of the bone increases. To combat the increased risk of fractures in those suffering from osteoporosis, many physicians prescribe a group of drugs known as "bisphosphonates." Among this group are Fosamax, Actonel, Boniva, Atelvia, and Reclastl. Unfortunately, osteoporosis is not limited to women alone.

The Brad Hendricks Law Firm is now accepting inquiries related to injuries caused by Fosamax-the most popular drug prescribed by physicians which, tragically, has been connected with painful and debilitating fractures of the femur, one of the strongest bones in the human body. While manufacturers have profited from sales exceeding $3.5 billion, those injured by Fosamax and similar drugs bear the ultimate cost.

In recent years, women have reported femoral fractures that occurred as they performed what seemed to be perfectly safe activities, like walking down stairs, jumping rope, and exercising. One woman had suffered two broken femurs.

At The Brad Hendricks Law Firm, we believe those who have suffered painful femur fractures by Fosamax should be compensated, particularly where there is evidence that the drug actually causes the injury it is prescribed to prevent. If you or a loved one have been prescribed Fosamax and suffered a fracture of the femur while taking Fosamax, you may be entitled to compensation from the manufacturer for medical bills, lost wages, pain and suffering, and other damages. For a free legal consultation, please call The Brad Hendricks Law Firmtoday at (501) 588-0549 or (866) 676-5096.

Leave a Comment » | Brad Hendricks Law Firm, Fosamax,Pharmaceutical Litigation, Public Service Announcement | Permalink

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Have You or a Loved One Taken Topamax?

April 27, 2011

On March 4, 2011, the Food and Drug Administration issued a news release notifying the public of an increased risk of oral birth defects in children born to mothers who have taken the anticonvulsant drug Topamax (Topiramate) while pregnant.

Cleft lip and cleft palate, collectively called oral clefts, are birth defects that occur when parts of the lip or palate do not completely fuse together early in the first trimester of pregnancy, a time when many women do not know they are pregnant. The defects range from a small notch in the lip to a groove that runs into the roof of the mouth and nose, possibly leading to problems with eating, talking, and to ear infections. Surgery often is performed to close the lip and palate and most children do well after treatment.

Other congenital birth defects may also occur, including limb malformations, heart defects, persistent pulmonary hypertension of the newborn, lung defects, hypospadias, craniofacial defects and neural tube defects.

Topamax (Topiramate) is generally prescribed to treat epilepsy in children and adults, as well as Lennox-Gastault syndrome (which also causes seizures and developmental delays). Topamax and its generic versions are also used to prevent migraine headaches

According to Russell Katz, M.D., director of the Division of Neurology Products in the FDA's Center for Drug Evaluation and Research, "Health care professionals should carefully consider the benefits and risks of topiramate when prescribing it to women of childbearing age. . . . Alternative medications that have a lower risk of birth defects should be considered." Patients should not stop taking topiramate unless directed to do so by their health care professional, however, it is vital for women who are, or who may become pregnant while taking topiramate, to discuss other treatment options with their health care professional.

Topamax had previously been marketed for the treatment of bipolar disorder, weight loss, alcohol dependence, post-traumatic stress disorder, depression, autism, and other conditions. In May 2010, the manufacturers of Topamax pled guilty to illegally promoting Topamax for these and other unapproved psychiatric uses, even though the FDA had not granted approval of the drug for such uses. As part of a settlement, the manufacturers were forced to pay fines exceeding $81 million.

Women who become pregnant while taking topiramate should talk to their health care professional about registering with the North American Antiepileptic Drug Pregnancy Registry, a group that collects information about outcomes in infants born to women treated with antiepileptic drugs during pregnancy.

If you or a loved one took Topamax or its generic variant (Topiramate) and have given birth to a child with a cleft lip, cleft palate, or other birth defects, please call The Brad Hendricks Law Firm today at (501) 221-0444 or (501) 588-0549 or (866) 676-5096.

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Kitchens Opposes Legislation that Would Limit Retaliation Claims Against Supervisory Employees

March 11, 2011

On March 11, 2011, Tré Kitchens, an attorney with The Brad Hendricks Law Firm and the President of the Arkansas Trial Lawyers Association, appeared before an Arkansas House committee to oppose proposed legislation that would have shielded individuals from retaliation claims brought by those who had previously complained of discriminatory conduct.

The bill, Kitchens argued, "completely abrogates personal responsibility for the person who has done wrong." Kitchens noted that retaliation claims are already difficult to successfully prosecute, in part because companies frequently claim that they should not be sued once they have taken what they deem to be appropriate action against those individuals who have been charged with the wrongful conduct. The bill that was introduced, if passed, would have codified this argument and prohibited many claims of discriminatory conduct.

He added, "The man who retaliates against a woman because she won't have sex with him, I want to sue that person."

In light of the fact that most employers do not admit to discriminatory conduct, but also do not have human resources officers, Rep. John Walker (D-Little Rock) added that claims against the individual supervisory employee should not be barred. Otherwise, the employer would be "untouchable."

Finally, University of Arkansas at Little Rock William H. Bowen School of Law professor Theresa M. Beiner opined the the threat of a potential lawsuit against the individual supervisor offers the greatest incentive for supervisors to refrain from discriminatory or retaliatory conduct altogether.

After hearing comments from both sides of this issue, the committee members voted. Only nine (9) committee members voted to advance the bill to the House, but those votes were insufficient for the bill to clear the 19-member committee.

Source: The Associated Press, March 10, 2011.

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Heil and Wise settle Admiralty claim for $1 million

March 10, 2011

On February 23, 2011, Chris Heil and George Wise of The Brad Hendricks Law Firm settled an admiralty case in federal court for $1 million dollars.

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Lewis Obtains Verdict in Car Wreck Against Two Defendant-Drivers

March 10, 2011

On February 24, 2011, Caroline Lewis of The Brad Hendricks Law Firm obtained a jury verdict in an Arkansas state court in a negligence claim arising from a motor vehicle accident against two defendant-drivers.

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Wise Settles FTCA Claim for $700k

March 10, 2011

On January 14, 2011, George Wise of The Brad Hendricks Law Firmsettled a client's medical negligence claim under the Federal Tort Claims Act, which arose following the failure to timely diagnose and treat colon cancer. This matter was resolved for $700,000.

Disclaimer: Results vary from case to case, and past success does not guarantee a favorable result in any case.

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