Banks v. Children's Hospital

156 So. 3d 1263, 2014 La. App. Unpub. LEXIS 729, 2013 La.App. 4 Cir. 1481, 2014 La. App. LEXIS 3169, 2014 WL 7183945
CourtLouisiana Court of Appeal
DecidedDecember 17, 2014
DocketNo. 2013-CA-1481
StatusPublished
Cited by11 cases

This text of 156 So. 3d 1263 (Banks v. Children's Hospital) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Banks v. Children's Hospital, 156 So. 3d 1263, 2014 La. App. Unpub. LEXIS 729, 2013 La.App. 4 Cir. 1481, 2014 La. App. LEXIS 3169, 2014 WL 7183945 (La. Ct. App. 2014).

Opinion

MADELEINE M. LANDRIEU, Judge.

|TThe plaintiffs, Julia Banks and Bay-nard Taylor, appeal the trial court’s judgment dismissing their medical malpractice case against the defendant, Children’s Hospital, following a full trial on the merits. We find that the trial court erred by entering judgment rather than sending the jury back for further deliberations or ordering a new trial, as required by Louisiana Code of Civil Procedure Article 1813, after the jury returned inconsistent answers on the special verdict form. Reviewing the record de novo, however, we reach the same result as the trial court. We find, as did the trial court, that the plaintiffs failed to establish by a preponderance of the evidence that the negligence of Children’s Hospital caused the death of the plaintiffs’ daughter, Miya Banks, or caused her to lose a chance of survival. On this basis, we affirm the judgment of the trial court.

FACTS AND PROCEEDINGS BELOW

On November 20, 2004, the plaintiffs’ eight-year-old daughter, Miya Banks, was admitted to Children’s Hospital for a liver transplant because her liver was failing due to Hemophagocytic Lymphohistiocyto-sis (“HLH”), a severe blood ^disorder. The liver transplant was performed six days later. It is undisputed that Miya’s condition was extremely serious, and even life-threatening, on the day she entered the hospital and that it remained so throughout her entire stay. Approximately eighteen days after the transplant, HLH developed in Miya’s new liver. Because of Miya’s poor condition,1 she was not a ean-didate for a bone marrow transplant, the only known cure for HLH. After suffering many complications, Miya died at Children’s Hospital on January 29, 2005. Before her death, two incidents occurred that her parents allege to be negligence on the part of Children’s Hospital that caused and/or contributed to Miya’s death: a January 7, 2005 infusion of blood platelets that allegedly were contaminated with bacteria; and a January 25, 2005 infusion of platelets that were administered through a T-tube inserted into Miya’s abdominal area rather than through the central intravenous port in Miya’s chest.2

Miya’s parents timely filed a medical malpractice complaint against Children’s Hospital regarding the January 25th incident only. Following the Medical Review Panel’s opinion that Children’s Hospital had breached the standard of care, but that the breach had not caused any damages to Miya, the plaintiffs timely filed the instant lawsuit on February 20, 2008. On December 15, 2010, the plaintiffs filed an amended petition alleging for the first time that the January 7, 2005 incident constituted additional negligence on the part of Children’s |3Hospital that had contributed to Miya’s suffering and death. Children’s Hospital raised exceptions of prematurity and prescription/peremption as to the claims raised in the amended petition. Following a hearing, the trial court denied these exceptions.3

The matter was tried before a jury beginning on February 25, 2013. Children’s Hospital stipulated prior to trial that it had breached the applicable standard of care [1267]*1267on January 25, 2005 by giving Miya platelets through the T-tube rather than through the central port. On March 1, 2013, at the conclusion of trial, the jury returned the special verdict form, which was composed of sixteen interrogatories. The jury found that: (1) the plaintiffs failed to prove the standard of care applicable to Children’s Hospital in its infusion of contaminated platelets into Miya on January 7, 2005;4 (2) the stipulated breach of the standard of care by Children’s Hospital on January 25, 2005 did not cause or contribute to Miya’s death, or cause Miya any conscious pain and suffering; (3) Miya’s mother, Julia Banks, suffered damages in the amount of $125,000.00 for her grief and mental anguish on account of Miya’s death as a result of the January 25, 2005 infusion of platelets into her T-tube; (4) Miya’s father, Baynard Taylor, suffered damages in the amount of $50,000.00 for his grief and mental anguish on account of Miya’s death as a result of the January 25, 2005 infusion of platelets into her T-tube; and |4(5) Children’s Hospital’s admitted breach of the standard of care did not result in Miya’s loss of a chance of survival.

Recognizing the jury’s answers to be inconsistent, the trial judge, after reading the verdict in open court, questioned the jurors on the record. The trial judge noted that awarding damages to Miya’s parents was wholly inconsistent with the jury’s other findings: that the plaintiffs failed to prove a breach of the standard of care by Children’s Hospital with regard to the January 7th incident; and that Children’s Hospital’s breach on January 25th did not cause Miya’s death, any conscious pain and suffering, or the loss of a chance of survival. The trial transcript reflects that, in response to the trial court’s questioning, the jury foreperson and one other juror indicated that the jury had become confused by trying to follow the instructions regarding how to proceed in answering the interrogatories, and therefore believed that the jury would benefit from further deliberations. At that point, the trial judge did not send the jurors back for further deliberations or order a new trial. On April 5, 2013, the trial court rendered a written judgment in favor of Children’s Hospital, dismissing the plaintiffs’ original and amended petitions with prejudice. The plaintiffs now appeal that judgment.

ISSUES

On appeal, the plaintiffs contend that the trial court committed legal error by failing to either send the jury back for further consideration of its inconsistent answers or order a new trial, as required by Louisiana Code of Civil Procedure Article 1813(E). They further contend that this legal error warrants de novo preview of the record on appeal. The plaintiffs argue that they proved by a preponderance of the evidence that Children’s Hospital’s negligent infusion of platelets through Miya’s T-tube, rather than through her central intravenous port, on January 25, 2005 caused Miya to lose a chance of longer survival, for which they are entitled to ■recover at least the amounts of damages found by the jury. In addition, the plaintiffs contend they proved by a preponderance of the evidence that Children’s Hospital breached the applicable standard of care by failing to adequately test the platelets that were infused into Miya on January 7, 2005, which caused Miya discomfort and fever.

The plaintiffs therefore argue that we should reverse the trial court’s judgment upon de novo review. They further con[1268]*1268tend that we should award them at least $175,000 in damages for Miya’s loss of a chance of survival due to the January 25th incident, plus an additional unspecified amount of survival damages for Miya’s own pain and suffering as a result of both the January 7th and January 25th incidents.

In response, Children’s Hospital contends that de novo review is not warranted, and that the appropriate standard of review on appeal is manifest error. Alternatively, the defendant submits that even if it is reviewed de -novo, the record demonstrates that the plaintiffs failed to prove by a preponderance of the evidence that any breach by Children’s Hospital caused or contributed to Miya Banks’ pain, suffering or death, or caused her to lose a chance of survival, and that, therefore, the trial court’s judgment should be affirmed.

| (¡DISCUSSION

I.

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Bluebook (online)
156 So. 3d 1263, 2014 La. App. Unpub. LEXIS 729, 2013 La.App. 4 Cir. 1481, 2014 La. App. LEXIS 3169, 2014 WL 7183945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-childrens-hospital-lactapp-2014.