A legislative committee endorsed a $250,000 settlement with the state's veterans department over a World War II veteran who died while his nurse went to eat her lunch.

But in another case, legislators tabled a decision on a proposed $1 million settlement between health officials and the family of a man who had an operation on the wrong side of his brain in 2004. The sides in the case couldn't agree on the terms of the settlement. That case will be reconsidered Wednesday.

During Monday's meeting of the Joint Budget Committee's Claims Subcommittee -- the body of lawmakers that approves or denies awards given out by the Arkansas Claims Commission -- a majority of legislators approved a $250,000 settlement in the death of a Fayetteville Veterans Home patient, William Dale Varner. The decision now goes to the Joint Budget Committee.

Varner, 86, who had served in WWII and the Korean War, was admitted from Fayetteville VA Medical Center to the residential facility in late 2012 after being diagnosed with dementia as well as heart problems.

On Jan. 15, 2013, Varner went to breakfast and returned to his room but complained of "being weak" and needed help returning to his bed, according to a complaint filed by Varner's family with the Claims Commission.

The Claims Commission is a quasi-legal body created by the Arkansas Legislature to handle claims against state agencies that would otherwise be barred by sovereign immunity.

Three hours later, an occupational therapist came to Varner's room about 11:30 a.m. and noticed that Varner was having difficulty breathing and could only respond by "opening his eyes" to her queries. According to the commission file, the therapist went to get a licensed practical nurse.

The nurse, who was having lunch, did not go check on Varner, so the therapist went to another nurse, the complaint said, and the second nurse found that Varner's vital signs were "really low."

About 11:45 a.m., the second nurse noticed Varner's condition had worsened. Varner died at 11:50 a.m. from congestive heart failure.

Varner's family originally sought $2.175 million in their Jan. 12, 2015, claim against the Arkansas Department of Veterans Affairs. Both sides agreed to the settlement.

One lawmaker took issue with the $250,000 figure, suggesting that taxpayer money shouldn't easily be given out.

Rep. Charlie Collins, R-Fayetteville, said Varner, at 86, had lived a "pretty full life," and wondered whether perfect care at the time would have extended the man's life "another hour, day, week."

He then asked if the settlement was the result of state officials being happy to not be on the hook for $2.1 million.

A state attorney, Mindi Pipkin, said the decision to settle was reached because both sides had competing medical testimony.

Collins said: "I believe in Arkansas one of the massive problems we have is the ability to intimidate people into paying settlements because of the way the legal system is so stacked against [defendants] in these situations. ... If I come and sue you I'm in a really good spot. I want to make sure we're sending the message that, on an ongoing basis, there's at least one guy who thinks ... the taxpayer's money is too easy to send off."

The committee chairman, Sen. Jeremy Hutchinson, R-Little Rock, who is a practicing attorney, conceded that there are many "nuisance" lawsuits but said it is "difficult" to win a medical-malpractice case in the state.

Sen. Missy Irvin, R-Mountain View, said that even a "nuisance" claim of malpractice against a health care provider can negatively affect the provider's insurance rates and described the claims made by the attorneys of Varner's family as "questionable."

Sen. Eddie Joe Williams, R-Cabot, said Varner's condition was known to the staff and something should have been done to help him.

"The nurse practitioner was wrong, obviously," Williams said.

"The age [of Varner] is not as big a factor to me as that there was neglect. ... Care should have been rendered, especially when you're unable to sue, for the most part. ... I think it's a clear failure."

By a voice vote, lawmakers approved the settlement. Irvin, Collins and at least one other lawmaker voiced a "no" vote.

Lawmakers also considered what to do with a proposed $1 million settlement between the family of Cody Metheny and officials at the University of Arkansas for Medical Sciences over surgery that Metheny had as a teenager -- an operation that left the patient severely impaired, according to his attorneys.

Metheny, who was 15 at the time of the surgery at Arkansas Children's Hospital, won $11 million from Children's Hospital in a Circuit Court lawsuit, as well as a $1 million settlement with the doctor who operated.

Last November, the Claims Commission found that UAMS owed the Metheny family $2 million for, among other things, "fraudulently" concealing facts from Metheny's family about the botched operation, information the family said they didn't learn until 18 months later.

UAMS officials had objected to the commission's ruling because the commission found that the hospital's relationship with Children's Hospital left UAMS liable.

According to testimony Monday, the parties agreed to a $1 million settlement instead of retrying the case before lawmakers.

But state attorneys insisted that commission's findings should be struck, while Metheny's attorneys were willing to say that UAMS committed no wrongdoing, but argued that the commission's ruling should remain on the record.

After a number of failed attempts to end the dispute in committee, Hutchinson asked both sides to return to the committee Wednesday and that, barring a new compromise, it would rehear the case.

Metro on 05/03/2016