Subcommittee affirms multiple agency settlements including $2.35M DHS award and $725,000 supplemental DHS settlement

The Joint Claims Subcommittee affirmed a string of claims-commission decisions and negotiated settlements from state agencies.

Claims commission staff summarized an award in Haley Hudson et al. v. Department of Human Services that followed a contested hearing. The commission found a DHS employee was acting within the scope of employment when a DHS vehicle rear-ended another car, causing a death and injuries; the commission awarded a total of $2,351,500 (including loss-of-life and damages to beneficiaries). Committee members asked whether the employee remained employed and were told the employee had been terminated; staff also confirmed no punitive damages were awarded.

The subcommittee also affirmed negotiated settlements previously reported, including a $150,000 settlement in Carl Sullivan, power of attorney for Edward Wesson v. UAMS (retained surgical sponge), a $25,000 settlement in Andrea Avidas Martinez v. Arkansas State Police (vehicle collision), and an ARDOT settlement of $21,810.79. In a supplemental item, the subcommittee affirmed a $725,000 settlement in Angela Stevens, special administrator for the estate of Zachary Moore v. Department of Human Services, where the complaint alleged staff used a prone restraint for approximately 13 minutes and delayed emergency response.

Catherine Irby and claims staff (speaker 13 and speaker 15) answered member questions about remedial process and whether claimants released agencies from future liability; staff noted that in contested claim hearings, releases and adjudications operate differently than pre-hearing settlements and that awarded amounts are referred for placement on an appropriation bill.