Cooper v. Patra

215 So. 3d 889, 2017 WL 603995, 2017 La. App. LEXIS 199
CourtLouisiana Court of Appeal
DecidedFebruary 15, 2017
DocketNo. 51,182-CA
StatusPublished
Cited by5 cases

This text of 215 So. 3d 889 (Cooper v. Patra) 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
Cooper v. Patra, 215 So. 3d 889, 2017 WL 603995, 2017 La. App. LEXIS 199 (La. Ct. App. 2017).

Opinion

BROWN, C.J.

| ] This medical malpractice action arises out of medical treatment and care rendered by physicians in the Pediatric Intensive Care Unit (“PICU”) of the Louisiana State University Health Sciences Center in Shreveport (“LSUHSC-S”) to six-year-old Anna Cathryn Cooper, who was hospitalized with complications caused by E. coli, including sepsis, renal failure, thrombocy-topenia (low platelet count), and possible hemolytic uremic syndrome (“HUS”).1 During the course of treatment, Anna Cathryn underwent a pericardiocentesis procedure to drain excess fluid which had [891]*891accumulated in the sac around her heart, and complications resulted, requiring further medical intervention.

In their lawsuit, plaintiffs sought damages for Anna Cathryn for pain and suffering, disfigurement, and loss of enjoyment of life, as well as past and future medical expenses. John and Julie Cooper, the parents, sought loss of consortium damages and bystander damages. A medical review panel of pediatric cardiologists unanimously found a breach of the applicable standard of care. A jury trial was held on September 21-25, 2015, The jury found a breach of the standard of care which caused damages to plaintiffs and awarded damages as follows:

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Anna Cathrvn Cooper
Pain and Suffering $100,000
Disfigurement $100,000
Loss of Enj oyment of Life $ 50,000
Past Medical Expenses $ 50,000
Future Medical Expenses $ 20,000
John Cooper
Bystander Damages $ 25,000
Julie Cooper
Bystander Damages $25,000

The trial court rendered and signed a judgment in accordance with the jury’s verdict which included the following language:

WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED, ' AND DECREED that, in accordance with the jury’s verdict, the Court renders judgment herein in favor of Plaintiffs, John Cooper, Individually and on behalf of the minor child, Anna Cathryn Cooper, and Julie Cooper, and against Defendant, LOUISIANA STATE UNIVERSITY HEALTH SCIENCES CENTER-SHREVEPORT, in the amount of THREE HUNDRED SEVENTY THOUSAND AND NO/100 ($370,000) DOLLARS, together with interest thereon from May 9, 2012, the date of filing of the plaintiffs’ medical review panel complaint with the Division of Administration, and all costs of these proceedings, said costs to be taxed at a later proceeding.

The language in this judgment had been approved by defense counsel prior to its presentation to the judge. However, an error in the above cited language was brought to the attention of defense counsel, who filed a motion for new trial, seeking correction of the judgment. Specifically, defendant sought a separation of Anna Cathryn’s award for future medical expenses from the rest of the damages awarded, and a provision that these expenses would be paid as incurred in accordance with La. R.S. 40:1237.1(F), (L). The trial judge denied the motion for new trial. Defendant has appealed, urging error in the award of bystander damages to both parents and in the .trial judge’s denial of the motion for new trial.

[892]*892Discussion

Bystander Damage Awards

Much discretion is left to the judge or jury in its assessment of quantum. La. C.C. art. 2324.1. As a determination of fact, the factfinder’s | .-¡assessment of quantum, as well as the appropriate amount of damages, is one entitled to great deference on review. Guillory v. Lee, 09-0075 (La. 06/26/09), 16 So.3d 1104. Thus, an award of damages will be overturned only if we find that the award is contrary to the evidence in the record or otherwise constitutes an abuse of the fact-finder’s discretion. Id.

There are four basic requirements to recover “bystander” damages, or damages for mental anguish or emotional distress suffered as a result of another person’s injury. These requirements are: (1) the claimant must have a specifically enumerated relationship with the injured person; (2) the claimant must have viewed an event causing injury to the injured person or have come upon the scene of the event soon thereafter; (3) the harm to the injured person must have been severe enough that one could reasonably expect the observer to suffer serious mental distress; and (4) the claimant must suffer emotional distress that is severe, debilitating, and foreseeable. La. C.C. art. 2315.6; Trahan v. McManus, 97-1224 (La. 03/02/99), 728 So.2d 1273; Lejeune v. Rayne Branch Hospital, 556 So.2d 559 (La. 1990); Jenkins v. Willis Knighton Medical Center, 43,254 (La.App. 2d Cir. 06/04/08), 986 So.2d 247.

Defendant does not dispute that as parents, John and Julie Cooper can assert a claim for bystander damages, or that they viewed an event that caused harm to their daughter Anna Cathryn that was severe enough that could reasonably be expected to cause them to suffer serious mental distress. However, defendant urges that the Coopers failed to prove that their emotional distress was severe, debilitating, and foreseeable; therefore, the jury erred in awarding them bystander damages,

LA non-exhaustive list of examples of serious emotional distress includes neuroses, psychoses, chronic depression, phobia, and shock. Lejeune, supra; Jenkins, supra; Held v. Aubert, 02-1486 (La.App. 1st Cir. 05/09/03), 845 So.2d 625; Norred v. Radisson Hotel Corp., 95-0748 (La.App. 1st Cir. 12/15/95), 665 So.2d 753. Recovery for damages under La. C.C. art. 2315.6 does not always require that a clinical diagnosis of a psychiatric disorder be made. Blair v. Tynes, 621 So.2d 591 (La. 1993); Dickerson v. Lafferty, 32,658 (La. App. 2d Cir. 01/26/00), 750 So.2d 432; Dixon v. Mid-South Rail Corp., 580 So.2d 438 (La. App. 2d Cir. 1991), unit denied, 584 So.2d 1160 (La. 1991); Hubbard v. State, 02-1654 (La. App. 4th Cir. 08/13/03), 852 So.2d 1097, writ denied, 03-2818 (La. 12/19/03), 861 So.2d 579.

While there was no medical testimony or diagnosis in this case regarding any emotional distress sustained by John and Julie Cooper as a result of witnessing the injury to Anna Cathryn shortly after her pericar-diocentesis procedure, there was testimony to the effects suffered by the Coopers.

Julie Cooper is Anna Cathryn’s mother. She testified that she and John live in Rayville, Louisiana, and have four children, Anna Cathryn being the next to youngest. In May 2011, Anna Cathryn got sick a few days after attending an end-of-school year party. She had uncontrollable vomiting and diarrhea, so they took her to St. Francis Medical Center, where she remained for four days. Anna Cathryn was diagnosed with E. coli 0157:H7. Because Anna Cathryn’s condition deteriorated, she was transferred to the PICU at LSUHSC-S. Anna Cathryn’s primary health problem [893]*893at that time was poor kidney function, but there were other issues |Bthat needed addressing. Among her treating physicians at LSUHSC-S were pediatric nephrologists, infectious disease doctors, intensivists, and cardiologists.

By the morning of May 29, 2011, Anna Cathryn had been at LSUHSC-S for a little over a week. That morning, the pediatric intensivist on duty, Dr.

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215 So. 3d 889, 2017 WL 603995, 2017 La. App. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-patra-lactapp-2017.