JBC-Claims (8AM-9AM)

I call this meeting to order and Mister Tucker if you'll come forward to the table and introduce yourself we'll consider the negotiated settlement agreement under B. one. Good morning I'm like a talker and the Attorney specialist for the claims commission I apologize I think I called you Mr Tucker I'm sorry Tucker if you you've introduce yourself and you may present thank you thank you. Does the commission have anything but. Okay Mr Desikan I'm sorry you're going to brief us on the claim. This is claim number two three zero five eight six Sandra McNamee versus the University of Arkansas for medical sciences in her complaint claimant sought two million dollars in damages alleging that she was sexually assaulted by a third party while she was recovering from heart catheterization at UAMS it was alleged that the third party was allowed access to hospital premises by an employee at the security desk and subsequently allowed to roam the hospital without any oversight or verification of identity claimant argues that you M. S. was negligent in its duty to properly hire train supervise and discipline employees and that you M. S. was negligent in its duty to ensure the safety of patients USMS denied liability arguing that claimant's injuries were perpetrated by third party USMS stated that the employee who gave access to the third party was acting outside the scope of her employment and argued that it should not be liable for those actions following discovery the parties entered into a negotiated settlement agreement settling the claim for two hundred fifty two thousand five hundred dollars the claims commission approved the settlement and referred for review approval and placement on an appropriation bill. I miss Tucker do you have anything to add yes Sir I'm happy to answer any questions. A representative Eubanks you're recognized for a question the motion at the proper time. Right. Members any other questions. Senator Payton you're recognized thank you Mr so this is a negotiated settlement because the case has not been heard approved under. That UAMS was negligent. Is Your mass admitting any negligence here. They did not admit liability and and the answer. So they would argue that the employee was properly trained and acted outside the scope of their training. And I believe the terms will be in the settlement agreement to to what they are agreeing to. Could you hold the microphone to select closer please me I apologize thank you. That's covered in the in the settlement agreement. Save the last page are the last thing in your packet paragraph four Page three. Page three. We apologize it's not the last that the order is the last thing is the second to last name settlement agreement provided. Okay thank you. Thank you Mr. Senator Payton you have any other questions. No I do not thank you Mr and representative Shepherd you're recognized thank you Mister chairman I see we have I believe we have the the claimants attorney here Mr bird and I see represents of UAMS here but just to to. I guess in some way respond and and I can ask a form of a question to represent Payton's question. Is it not if anybody disagrees with this they can comport but it's not uncommon that in an answer you did not liability because you don't know the facts the case at that particular time of the allegations and secondly in negotiated settlement part of the negotiated settlement is like why is that your Typically you're not admitting liability but that's one of the reasons it's compromise settlement and so I see you a mess I believe they're nodding their heads in agreement but just so to try and clarify that so if someone says well where's your M. S. saying they're not liable then why are they paying the money that is not uncommon in virtually the vast majority of negotiated settlements and if if would you agree ms Tucker I agree thank you for. Senator Rapert you're recognized thank you and I appreciate that explanation the only thing that worries me is something my dad taught me from an early age and that is if you don't admit a mistake you can't correct it so I'd like to know that this is corrected and if policy needed to be changed of training needed to be changed. That has been done. Thank you Mr would you like for someone from you M. S. to come up. It's probably not very relevant to the settlement I'll visit with them offline thank you okay thank you. Any other questions. Seeing none. Representative you bank do you have a motion. Yes Mister chair I'm I move we affirm the ruling of the claims commission. If second I have a second. All in favor say aye. All opposed a. No. Motion the motion carries. Anything. And without further comment we are adjourned.