Hatten v. Price

663 So. 2d 351, 1995 WL 579726
CourtLouisiana Court of Appeal
DecidedOctober 4, 1995
Docket95-257
StatusPublished

This text of 663 So. 2d 351 (Hatten v. Price) 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
Hatten v. Price, 663 So. 2d 351, 1995 WL 579726 (La. Ct. App. 1995).

Opinion

663 So.2d 351 (1995)

Mary Hellen HATTEN, et al., Plaintiffs-Appellees,
v.
Keith PRICE and Wal-Mart Corporation, Defendants-Appellants.

No. 95-257.

Court of Appeal of Louisiana, Third Circuit.

October 4, 1995.
Rehearing Denied December 14, 1995.

Oscar L. Shoenfelt III, Baton Rouge, for Mary Hellen Hatten et al.

James Dey Kirk, Alexandria, for Keith Price & Wal-Mart Corporation.

Before DOUCET, C.J., and YELVERTON and PETERS, JJ.

DOUCET, Chief Judge.

This appeal is confined to questions related to the issue of damages. Defendants, Keith Price and Wal-Mart Stores, Inc. (Wal-Mart) appeal a judgment of the district court alleging the court erred in finding the victim's damages extended past her hospitalization in Lea Regional Hospital in New Mexico and in awarding excessive general damages, past and future medical expenses, and loss of consortium awards. We amend and affirm as amended.

FACTS

This is a suit for damages filed by Mary Hellen Hatten (pursuant to a Power of Attorney) on behalf of her mother, Mae Martin Leviner, who received an erroneously filled *352 prescription from the defendants, and for loss of consortium by Ms. Hatten and her two brothers, Otis and Joe Rhodes.

Pharmacist Keith Price and his employer, Wal-Mart, admit that on August 29, 1992, Mr. Price improperly filled a prescription for "Lasix®" (a diuretic) for the then seventy-six year old Mrs. Leviner with "Inderal®" (a beta-blocker). Defendants further admit that the error resulted in Mrs. Leviner being hospitalized for congestive heart failure (CHF) at Lea Regional Hospital, Hobbs, New Mexico, from September 21, 1992 to September 26, 1992. Thus the major dispute in the case is the extent of plaintiffs' damages caused by the medication error.

Plaintiffs claim that the medication error resulted, not only in the New Mexico hospitalization, but in a subsequent hospitalization in Alexandria and in the necessity of Mrs. Leviner being placed in the nursing home in which she currently resides. Defendants argue that following her admission to Lea Regional Hospital in New Mexico, Mrs. Leviner's medical condition returned to its "baseline" state (i.e. the level at which it was before her taking the erroneously filled prescription) and that any subsequent deterioration in her health was coincidental and due solely to natural causes and/or preexisting conditions.

The trial judge ruled in favor of the plaintiffs, finding that the hospitalizations in both New Mexico and Louisiana, and Mrs. Leviner's subsequent confinement to Lexington House Nursing Home were a result of the medication error, and awarded Mrs. Leviner $700,000.00 in general damages and $89,102.50 in past and future medical expenses. The trial judge also made the following awards for loss of consortium: Mrs. Mary Hatten—$50,000.00; Mr. Otis Rhodes—$25,000.00; and Mr. Joe Rhodes—$10,000.00. We find the record does not support the awards made by the trial judge.

The record reveals that Mrs. Leviner has a history of heart disease dating back to the 1970's. She also has a long history of osteodegenerative arthritis of the back and knees which had gotten progressively worse during her course of treatment by Dr. Gamburg. His notes of Mrs. Leviner's visit in June 1992, reveals that at that visit she moved about the examining room with great difficulty, had trouble getting up out of her chair and had a 2+ pretibial edema in both legs which he did not attribute to her arthritis.

The presence of edema in June 1992 is significant. At that time Mrs. Leviner was taking 20 mgs. of Lasix once a day. On August 6, 1992, she was admitted to Rapides General Hospital with diarrhea, abdominal cramps, fever and weakness. Upon discharge dosage of Lasix was increased up to 40 mgs. twice a day clearly indicating there had been a negative change in her condition. It was following her release from the hospital that Mrs. Leviner's prescription for Lasix was erroneously filled precipitating her hospitalization in New Mexico. Expert testimony confirms that the prescription error was the most likely cause of that hospitalization and defendants do not argue that point.

Mrs. Leviner's admitting diagnosis to Lea Regional Hospital on September 21, 1992, was congestive heart failure, hypokalemia, hypertension, unifocal PVC's, urinary retention, possible Xanax addiction with withdrawal and mental confusion. Medical examination upon admission described her as "severely obese" with "2+ pitting edema of both legs." The medication error which gave rise to this suit was discovered at this time. I.V. Lasix was administered; following which, she diuresed more than three liters of fluid. Following the excretion of the retained fluid, she immediately began to feel better.

During her stay at Lea Regional, Dr. Kernan, who was treating her, noted the following: "I personally felt that mentally and physically, this patient was not capable of living by herself. [...] It was [...] noted that the patient became extremely agitated when she did not receive an extra dose of Xanax. She apparently had been taking Xanax for at least the last three years and maybe longer. I felt there was a strong possibility that she was having Xanax withdrawal problems and this probably explained some of her severe irritability and mental agitation. This [...] made me very concerned about the possibility of having her live by herself."

*353 Mrs. Leviner was discharged from Lea Regional Hospital on September 26, 1992 with instructions to see her family doctor in Louisiana for follow-up (she was discharged with an indwelling Foley catheter). Her discharge medications included Xanax, but not Lasix. Upon her return home, she once again began a regimen of eighteen (18) medications, including 40 mgs. of Lasix twice a day, Xanax 0.5 mg. four times a day and 1.0 mg. at bedtime.

On October 1, 1992, she saw Dr. Douglas Gamburg, who had been treating her for arthritis for over five years. Dr. Gamburg noted that the medication he had prescribed for Mrs. Leviner sometime before she left for New Mexico, Relafen, had been discontinued by a doctor in New Mexico and replaced by Clinoril, a medication which did not appear to be as effective for Mrs. Leviner as the Relafen had been. Dr. Gamburg further noted that Mrs. Leviner complained of bilateral knee pain and not being able to get around anymore.

Ms. E. Moulard, a Registered Nurse, visited Mrs. Leviner on October 2, 1992 as part of Rapides General Hospital's Home Health/Hospice Care program. Ms. Moulard observed Mrs. Leviner to be awake, alert and able to ambulate within the confines of her home (i.e. approximately 15 to 20 feet at a time). She noted that Mrs. Leviner complained of exertional dyspnea, shortness of breath and that her patient had a periodic, nonproductive cough which was preceded by moist rales in her upper bronchus. Mrs. Moulard also observed that her patient exhibited only a trace of edema in the lower extremities, and no edema in the upper extremities. Mrs. Leviner's catheter had been removed the day before by Dr. Brian, and while she complained of difficulty in voiding during the night, she relayed that she had been voiding well during her waking hours.

Shortly thereafter, on October 4, 1992, Mrs. Leviner was admitted to Rapides General Hospital. Her admitting diagnosis was chronic obstructive pulmonary disease with active exacerbation and hypokalemia (low potassium). Dr. Gregory Brian, who had assumed care for Mrs. Leviner in 1991, but had only seen her three times prior to her hospitalization, consulted Dr. P.K. Kaimal, a cardiologist who had been seeing Mrs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. United States Gypsum Co.
333 U.S. 364 (Supreme Court, 1948)
Zenith Radio Corp. v. Hazeltine Research, Inc.
395 U.S. 100 (Supreme Court, 1969)
Anderson v. City of Bessemer City
470 U.S. 564 (Supreme Court, 1985)
Amy Hanson v. The Veterans Administration
800 F.2d 1381 (Fifth Circuit, 1986)
Johnson v. Ins. Co. of N. America
454 So. 2d 1113 (Supreme Court of Louisiana, 1984)
Cazes v. Raisinger
430 So. 2d 104 (Louisiana Court of Appeal, 1983)
Virgil v. American Guar. & Liability Ins.
507 So. 2d 825 (Supreme Court of Louisiana, 1987)
Cadiere v. West Gibson Products Co., Inc.
364 So. 2d 998 (Supreme Court of Louisiana, 1978)
State v. Mussall
523 So. 2d 1305 (Supreme Court of Louisiana, 1988)
Berry v. Livingston Roofing Co.
403 So. 2d 1247 (Supreme Court of Louisiana, 1981)
Watson v. State Farm Fire and Cas. Ins. Co.
469 So. 2d 967 (Supreme Court of Louisiana, 1985)
Williams v. Keystone General Contractors, Inc.
488 So. 2d 999 (Supreme Court of Louisiana, 1986)
Davis v. Katz & Besthoff, Inc.
333 So. 2d 698 (Louisiana Court of Appeal, 1976)
Sevier v. United States Fidelity & Guar. Co.
497 So. 2d 1380 (Supreme Court of Louisiana, 1986)
McDonald v. Book
215 So. 2d 394 (Louisiana Court of Appeal, 1968)
Arceneaux v. Domingue
365 So. 2d 1330 (Supreme Court of Louisiana, 1978)
Crump v. Hartford Acc. and Indem. Co.
367 So. 2d 300 (Supreme Court of Louisiana, 1979)
Celestine v. Hub City Motors, Inc.
327 So. 2d 700 (Louisiana Court of Appeal, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
663 So. 2d 351, 1995 WL 579726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hatten-v-price-lactapp-1995.