Graham v. Burkett

690 So. 2d 883, 1997 WL 88258
CourtLouisiana Court of Appeal
DecidedFebruary 26, 1997
Docket29261-CW
StatusPublished

This text of 690 So. 2d 883 (Graham v. Burkett) 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
Graham v. Burkett, 690 So. 2d 883, 1997 WL 88258 (La. Ct. App. 1997).

Opinion

690 So.2d 883 (1997)

Bessie M. GRAHAM, et ux., Plaintiff,
v.
David BURKETT, M.D., Defendant.

No. 29261-CW.

Court of Appeal of Louisiana, Second Circuit.

February 26, 1997.

*884 John L. Hammons, Allen Parker Self, Jr., Shreveport, for Plaintiff.

Jessie D. McDonald, Brady D. King, II, Monroe, for Defendant.

Before HIGHTOWER, WILLIAMS and CARAWAY, JJ.

WILLIAMS, Judge.

In this medical malpractice case, the Patient's Compensation Fund ("PCF"), appeals a trial court's finding in favor of the plaintiffs, Bessie and Jack Graham, that all injuries claimed by the Grahams in their "Motion To Establish Original Harm" constitute original harm caused by Dr. David Burkett's malpractice. For the following reasons, we affirm *885 in part, reverse in part, and remand for further proceedings.

FACTS

While under the care of Dr. Joan Blondin, a specialist in internal medicine, Mrs. Bessie Graham, a thirty-two-year-old smoker with a history of rheumatic heart disease, was admitted to Saint Francis Medical Center in Monroe, Louisiana for treatment of tachycardia and dyspnea (rapid heart rate and difficulty breathing, respectively). Dr. Blondin called in Dr. David Burkett, a cardiologist, as a consultant on Mrs. Graham's case. Dr. Burkett administered several tests to Mrs. Graham and his preliminary diagnosis was "a dilated cardiomyopathy with moderate, severe reduction in global left ventricular functioning secondary to either idiopathic myocarditis or more probably related to the cardiomyopathy of rheumatic heart disease." Dr. Blondin testified in her deposition that Dr. Burkett's diagnosis meant that Mrs. Graham's heart muscle was not contracting as well as it should have been. In connection with his diagnosis, Dr. Burkett recommended a heart catheterization, so that he could biopsy Mrs. Graham's heart and rule out other possible problems. Dr. Burkett also believed that Mrs. Graham's problem was chronic, and in addition to several other recommendations regarding treatment and diet,[1] he recommended that Mrs. Graham obtain a psychiatric consultation to aid in dealing with the "chronicity" of her disease.

Dr. Burkett performed the heart catheterization on October 29, 1988. Shortly thereafter, Mrs. Graham began experiencing sharp chest pains. Dr. Burkett had gone out of town after the heart catheterization, and Dr. Koepke covered for Dr. Burkett. Upon examining Mrs. Graham and conducting various tests, Dr. Koepke discovered that Mrs. Graham had suffered a puncture of the heart muscle during the heart catheterization. Dr. Koepke testified, via deposition, that he performed an echocardiogram that showed evidence of fluid around Mrs. Graham's heart, and he opined that she had bleeding into the pericardium which is the wall of the heart. Those symptoms constitute a condition known as pericarditis. Dr. Koepke opined that Mrs. Graham developed the pericarditis as a result of the heart puncture.

Mrs. Graham's pericarditis was treated with steroids, including Prednisone, for approximately six months. However, the steroid therapy did not reduce the accumulation of fluids around Mrs. Graham's heart, and she continued to experience chest pains and other complaints. In April of 1989, Dr. John Henry Smith performed a pericardiectomy (removal of the pericardium) to relieve the pericarditis. Since the pericardiectomy, several doctors have treated Mrs. Graham for various medical problems. Dr. Blondin testified that she has treated Mrs. Graham for interstitial lung disease, and hepatitis. Mrs. Graham has also been treated for a urinary tract infection and has had her gall bladder removed. Dr. Blondin also testified that she and other physicians have speculated that Mrs. Graham suffers from collagen vascular disease, but they have never been able to confirm that diagnosis. Mrs. Graham was evaluated at the Mayo Clinic in 1991 by Dr. Timothy Christian. He reported that the heart palpitations she was experiencing may have been in some way related to the pericardiectomy and residual adhesions. However, that diagnosis was speculative.

Dr. Koepke saw Mrs. Graham again in 1994 for fatigue, dyspnea, and chest pain. He testified that after he evaluated Mrs. Graham, his first impression was that her recurrent chest pain was possibly related to pericardial adhesions (scar tissue) resulting from the pericardiectomy. However, he noted that Mrs. Graham was experiencing the above complaints even prior to the heart catheterization, and that he thought it was more likely that the pain was a result of something other than the adhesions from the pericardiectomy. Dr. Koepke further testified that he also performed a test which indicated an abnormality of the muscle function of Mrs. Graham's heart which is unrelated to the pericardiectomy.

When asked whether the chest pains, shortness of breath, reduced energy levels *886 and tachycardia Mrs. Graham experienced after the pericardiectomy were related to the initial heart puncture, both Dr. Blondin and Dr. Koepke testified that they could not relate those symptoms to the heart puncture or the pericardiectomy. Both doctors noted that Mrs. Graham had exhibited those symptoms prior to both surgeries.

In October of 1989, Mrs. Graham and her husband filed a medical malpractice suit against Dr. Burkett and his insurer, the Louisiana Mutual Medical Insurance Company. Dr. Burkett and his insurer entered into a $100,000 settlement agreement with the Grahams which the trial court approved on October 1, 1991.

Thereafter, the Grahams filed suit against the Louisiana Patient's Compensation Fund, through Dr. Burkett as the nominal defendant, for excess damages. The Grahams alleged that the pain which Mrs. Graham suffered immediately after the heart puncture, her pericarditis, side effects from steroid treatment of the pericarditis, high fever, and inability to perform secretarial work and care for her home and family were all results of Dr. Burkett's malpractice. The Grahams also alleged that Mrs. Graham had suffered depression, insomnia, anxiety, and an increased risk of complications from the steroid therapy. They further alleged that Mr. Graham was unable to operate his business properly due to caring for his wife, which inability resulted in financial hardship to the Graham family.

Dr. Burkett answered the lawsuit as the nominal defendant. He admitted to puncturing Mrs. Graham's heart during the heart catheterization and admitted that some of Mrs. Graham's chest pains for a period of time following the heart puncture were causally related to the heart puncture. Dr. Burkett also admitted that Mrs. Graham experienced anxiety as a result of the heart puncture. However, Dr. Burkett alleged that the chest pains which were causally connected to the heart puncture did not extend beyond a few months past Mrs. Graham's pericardiectomy. Dr. Burkett also generally admitted liability within the limits of the Louisiana Medical Malpractice Act and further denied causation as to all other claims not covered by his specific and general admissions. Dr. Burkett requested a trial by jury, and the PCF timely posted a jury bond.

While this lawsuit was pending, the Louisiana Supreme Court decided Pendleton v. Barrett, 95-2066 (La.

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Bluebook (online)
690 So. 2d 883, 1997 WL 88258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-burkett-lactapp-1997.