Fournet v. Roule-Graham

783 So. 2d 439, 2001 WL 370209
CourtLouisiana Court of Appeal
DecidedMarch 14, 2001
Docket00-CA-1653
StatusPublished
Cited by4 cases

This text of 783 So. 2d 439 (Fournet v. Roule-Graham) 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
Fournet v. Roule-Graham, 783 So. 2d 439, 2001 WL 370209 (La. Ct. App. 2001).

Opinion

783 So.2d 439 (2001)

Alicia FOURNET
v.
Criss M. ROULE-GRAHAM, M.D.

No. 00-CA-1653.

Court of Appeal of Louisiana, Fifth Circuit.

March 14, 2001.
Writ Denied June 15, 2001.

*440 A. Remy Fransen, Jr., Christopher J. Fransen, Fransen & Hardin, New Orleans, Counsel for plaintiff-appellee.

Margaret Bradley, Law Offices of Robert E. Birtel, Metairie, Counsel for defendant-appellant.

Court composed of Judges JAMES L. CANNELLA, CLARENCE E. McMANUS and PHILIP C. CIACCIO, Pro Tempore.

McMANUS, J.

This is a medical malpractice case brought by the Plaintiff, Alicia Fournet, against the Defendant and Appellant herein, Criss Roule-Graham, M.D. Ms. Fournet claims that Dr. Graham was negligent in prescribing Provera to her when this drug is contraindicated for patients with Ms. Fournet's medical history. For the reasons that follow, we find that the trial court was correct in rendering a judgment in favor of Ms. Fournet.

STATEMENT OF THE CASE

Ms. Fournet filed a claim for medical malpractice with the Patients' Compensation Fund against Dr. Graham, an OB/ GYN. Thereafter, a Medical Review Panel comprised of three OB/GYNs convened on April 23, 1998. The Panel concluded that Dr. Graham met the applicable standard of care in prescribing Provera to Ms. Fournet.

On May 1, 1998, Ms. Fournet filed a Petition for Damages alleging that Dr. Graham was negligent in prescribing Provera and negligent in failing to obtain fully informed consent. After a two-day bench trial, the trial court rendered a verdict in favor of the Plaintiff, and awarded her damages in the amount of one-hundred fifty thousand ($150,000) dollars. Dr. Graham then filed this appeal.

FACTS

Ms. Fournet has suffered through a long history of deep vein thrombosis (DVT), a *441 thromboembolitic disease that leads to excessive blood clotting. It is a disease that is very rare in someone as young as Ms. Fournet. Even more rare, however, was the cause of this condition. In 1988, her medical problems began with a deep vein thrombosis of the left thigh caused by a combination estrogen/progesterone birth control pill. She was hospitalized as a result, and discontinued any further use of hormone pills. The statistical probability of birth control pills causing deep vein thrombosis is very small. Nevertheless, Ms. Fournet continued to suffer from deep vein thrombosis, and had other occurrences of blood clots since then. Ms. Fournet began treatment by Claude C. Craighead, III., M.D., a vascular surgeon. Vascular surgeons specialize in the treatment of thromboembolitic disorders. Dr. Craighead started her on Coumadin, a blood thinner, and she continues this treatment today.

On September 30, 1996, Ms. Fournet first met with Dr. Graham concerning a suspected pregnancy. A test confirmed that she was pregnant, and Dr. Graham advised Ms. Fournet to discontinue using Coumadin during the pregnancy because Coumadin is associated with birth defects. Ms. Fournet told Dr. Graham that if there is any length of time that she is not on blood thinners, then she will get a blood clot. Ms. Fournet asked whether her treating physician, Dr. Craighead, should be contacted. Dr. Graham's response was "no, I think you'll be okay."

Less than three days later, Ms. Fournet suffered a blood clot that left her bedridden for ten days. It was later determined that Ms. Fournet's pregnancy was not viable, and she underwent a dilation and curettage operation. As it is termed, this missed abortion was unrelated to Ms. Fournet's deep vein thrombosis. In February of 1997, Ms. Fournet returned to Dr. Graham, this time for a condition known as abnormal uterine bleeding. Ms. Fournet reported to Dr. Graham that she was experiencing a three-week long menstrual cycle.

Dr. Graham decided at this point to put Ms. Fournet on a progesterone pill and prescribed 10mg of Provera for ten days. Provera is a synthetic progesterone—a hormone pill. It acts by causing the excess lining of the uterus to shed so that the lining can stabilize itself and stop bleeding. Provera is normally prescribed by OB/ GYNs to stop abnormal uterine bleeding.

However, there is a contraindication in the Physician's Desk Reference (PDR) for using Provera with a patient that has a history of thromboembolitic disorders such as deep vein thrombosis. The PDR is a compilation of package inserts that has been officially approved by the Food and Drug Administration. All package inserts for prescription drugs must be approved by the FDA. A contraindication means it is inadvisable to prescribe a particular drug when a patient suffers from one or more enumerated conditions.

Ms. Fournet asked Dr. Graham if it would be advisable to take a hormone pill such as Provera. Her exact words were "I'm not supposed to take hormone pills." Again Ms. Fournet asked if she should check with Dr. Craighead. Dr. Graham responded, "no, you'll be okay."

Ms. Fournet took Provera, and soon thereafter developed another more severe blood clot. This blood clot required her hospitalization for ten days, along with an operation to insert a device known as a Greenfield Filter. This particular blood clot was of such severity and in such a location as to be potentially fatal without the operation.

The trial court made the following findings in its decision:

*442 1) The Plaintiff has proved the degree of care ordinarily exercised by physicians licensed in the State of Louisiana and in this particular medical specialty.
2) The Defendant failed to use reasonable care and diligence, along with her best judgment in the application of that skill.
3) As a result of the failure to exercise this degree of care, the Plaintiff suffered injuries that would not have otherwise occurred.

ASSIGNMENT OF ERROR NUMBER ONE

As her first assignment of error, Dr. Graham argues that Ms. Fournet failed to prove that she breached the standard of care for an OB/GYN. Dr. Graham argues that the trial court erred in basing its decision solely on the contraindications contained in the PDR for Provera. The material relating to Provera contained in the 1997 PDR indicated as follows:

Contraindications: 1)thrombophlebetis [thrombophlebitis], thromboembolic disorders.... or patients with a past history of these conditions.

Despite this warning contained in the PDR, Dr. Graham testified that it is standard practice for OB/GYNs to prescribe Provera as the first line of treatment for abnormal uterine bleeding even if the patient has a known history of deep vein thrombosis. According to Dr. Graham, 70% of OB/GYNs nationwide would find no risk between the use of Provera and the development of deep vein thrombosis. This opinion, which was corroborated by the other OB/GYNs that testified for Dr. Graham, directly contradicts the warning issued in the PDR.

The plaintiff's burden of proof in a medical malpractice action against a physician is found in La. R.S. 9:2794(A), which provides that the plaintiff shall have the burden of proving: 1) the standard of care ordinarily practiced by physicians ... within the involved medical specialty; 2) that the defendant either lacked this degree of knowledge or skill or failed to use reasonable care and diligence, along with her best judgment in the application of that skill; and 3) that as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred.

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Cite This Page — Counsel Stack

Bluebook (online)
783 So. 2d 439, 2001 WL 370209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fournet-v-roule-graham-lactapp-2001.