Barre v. Nadell

657 So. 2d 514, 1995 WL 340709
CourtLouisiana Court of Appeal
DecidedJune 7, 1995
Docket94-CA-1883, 94-CA-1884
StatusPublished
Cited by9 cases

This text of 657 So. 2d 514 (Barre v. Nadell) 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
Barre v. Nadell, 657 So. 2d 514, 1995 WL 340709 (La. Ct. App. 1995).

Opinion

657 So.2d 514 (1995)

Mr. and Mrs. Wayne BARRE, et al.
v.
Dr. Joseph M. NADELL, et al.

Nos. 94-CA-1883, 94-CA-1884.

Court of Appeal of Louisiana, Fourth Circuit.

June 7, 1995.

*515 Russ M. Herman, Mark R. Wolfe, Charles O. Taylor, T. Daniel Pick, Herman, Herman, Katz & Cotlar, New Orleans, for plaintiffs, Mr. & Mrs. Wayne Barre, et al.

Stewart E. Niles, Jr., Patricia A. Bethancourt, Jones, Walker, Waechter, Poitevant, Carrere & Denegre, New Orleans, for defendants, The Administrators of the Tulane Educational Fund, d/b/a Tulane Medical Center Hosp.

Before BARRY and CIACCIO and PLOTKIN, JJ.

PLOTKIN, Judge.

The sole issue that we are called on to resolve in this case is whether the trial judge, in a bench trial, was manifestly erroneous or clearly wrong in finding that the defendants did not breach the standard of care and thus absolving them of any liability for medical malpractice. We affirm.

I.

Medical Facts

On September 19, 1983, two year old Michelle Barre underwent cranial facial surgery in an effort to correct a facial deformity secondary to her torticollis. Michelle had suffered from this deformity since her birth. *516 When Michelle was approximately two weeks old, her mother, Sharon Barre, noticed that when held, Michelle would always rotate her head towards the right side. In December of 1981, when Michelle was approximately two months old, Mrs. Barre took Michelle to her pediatrician, Dr. Nicholas Danna, after she noticed that the left side of Michelle's head was flattening. Subsequent to this visit, Mrs. Barre and her husband made several more visits to Dr. Danna, prompted in part by the fact that as Michelle aged, her facial deformity became more and more pronounced.

In August of 1982, the Barres again visited Dr. Danna, at which time he noted a definite flattening on the left side of Michelle's head. He referred the Barres to a neurosurgeon, Dr. Kott at East Jefferson General Hospital. However, because Dr. Kott was an adult neurosurgeon, he referred the Barres to Dr. Coulon at Ochsner Hospital, who was a pediatric neurosurgeon. Dr. Coulon performed a number of tests on Michelle and eventually made the diagnosis that Michelle suffered from infantile torticollis. According to Mrs. Barre, Dr. Coulon indicated that torticollis is a muscle problem in the neck that was causing Michelle's propensity to turn her head to the right. Thus, when Michelle would lie down, her head would always be resting on its left side. Given the softness of her infant skull bones, this constant resting had caused the left side of her skull to flatten out.

The Barres continued to take Michelle to Dr. Coulon and became increasingly concerned about Michelle's condition. Mrs. Barre indicated that Michelle appeared to have one eye larger than the other and that some children derisively referred to Michelle as "E.T." Subsequent to the birth of their second child, Lauren (who was normal in all respects), in May of 1983, the Barres again sought the advice of Dr. Coulon as to Michelle's condition. Mrs. Barre did not indicate what Dr. Coulon stated, but whatever it was, it prompted the Barres to seek a second opinion.

On August 9, 1983, they met with Dr. Joseph Nadell, a pediatric neurosurgeon at Tulane University Medical Center (Tulane). During this visit, Dr. Nadell asked Dr. Phillip Hendel, a plastic surgeon at Tulane, to examine Michelle. Both Dr. Nadell and Dr. Hendel confirmed Dr. Coulon's initial diagnosis that Michelle suffered from torticollis. Mrs. Barre indicated that both Dr. Nadell and Dr. Hendel recommended that Michelle undergo surgery to correct the facial deformity that had resulted from this condition. According to Mrs. Barre, the doctors indicated that "for maximum advantage" the surgery needed to be done within the next six months. Mrs. Barre testified that Dr. Nadell and Dr. Hendel indicated they would work as a team during the surgery, during which they would realign the bones in Michelle's head to correct the flattening.

In an effort to allay the understandable concerns the Barres had, Dr. Nadell arranged for them to meet with a group of parents whose children had undergone similar procedures. Mrs. Barre indicated that after this meeting, she and her husband "felt confident in going ahead with the surgery" although they were concerned about Tulane's status as a teaching hospital and were strongly opposed to any resident involvement in Michelle's operation, other than merely observing. The Barres were also concerned about AIDS and wanted to donate their own blood for Michelle. Ultimately, the Barres decided to go ahead with the surgery, with the caveat that no residents be allowed to operate on Michelle.

Approximately a week before Michelle's surgery, the Barres went to Tulane and donated blood for use in Michelle's surgery. On September 18, 1983, Michelle was admitted to Tulane, with her surgery scheduled for the next day. Mrs. Barre indicated that during the evening of the 18th, a number of residents came to Michelle's room to perform various tests on Michelle. Although Mrs. Barre did not specifically recall his visit, Michelle's medical record, the entirety of which was introduced at trial, contains a preanesthetic evaluation dated September 18, 1983, and signed by Dr. Rodney Reed, an anesthesiological resident at Tulane.

On the morning of the 19th, Michelle was awakened by her mother around 5:00 a.m. so that she could give Michelle a bath in Phisohex. *517 Eventually, the Barres retired to the waiting room to wait for the surgery to be completed. Mrs. Barre testified that she and Mr. Barre did not meet with Dr. Nadell on that morning, although they did visit with Dr. Hendel. Mrs. Barre also testified that she did not see Dr. Fleming, Dr. Nadell's resident; Dr. Cohen, the anesthesiologist in charge of Michelle's case; or Dr. Reed, the anesthesiological resident, that morning. Michelle's surgery commenced around 7:15 a.m.

Mrs. Barre then testified that sometime between 8:00 a.m. and 8:30 a.m., Dr. Hendel came out of the operating room and told her and Mr. Barre that everything was "going fine." Exactly what happened during the surgery is, of course, the focal point of this case. At this point, suffice it to say that the Barres next received a visit from Dr. Hendel, who informed them that something had gone wrong and that the surgery had been discontinued. According to Mrs. Barre, Dr. Nadell eventually came out of the operating room and told the Barres that Michelle had lost approximately 50 c.c.s. of blood, that she had experienced blood pressure problems, and that her heart was skipping every third beat. Mrs. Barre claimed that Dr. Nadell indicated that it was nothing catastrophic, that they would let Michelle recover, and that they would complete the operation at a later date.

Michelle was brought to the pediatric intensive care unit (PICU), where she immediately began to suffer from a variety of problems. She began having seizures, which necessitated a second surgery that day to insert a pressure monitor into her cranium. For the rest of September and until October 8, Michelle remained in the PICU. During this time period, Mrs. Barre indicated that Michelle was semi-comatose, that she never regained consciousness, and that she was on a respirator for part of the time.

Michelle's seizures continued and the Tulane doctors eventually induced a medical coma in order to give her brain a rest. She was moved out of PICU into a room on October 8, 1983.

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Cite This Page — Counsel Stack

Bluebook (online)
657 So. 2d 514, 1995 WL 340709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barre-v-nadell-lactapp-1995.