J. Cory Cordova, M.D. v. Lafayette General Health, Inc., University Hospitals & Clinics, Lafayette General Medical Center,inc., and Karen Curry, M.D.

CourtLouisiana Court of Appeal
DecidedJanuary 31, 2024
DocketCA-0023-0353
StatusUnknown

This text of J. Cory Cordova, M.D. v. Lafayette General Health, Inc., University Hospitals & Clinics, Lafayette General Medical Center,inc., and Karen Curry, M.D. (J. Cory Cordova, M.D. v. Lafayette General Health, Inc., University Hospitals & Clinics, Lafayette General Medical Center,inc., and Karen Curry, M.D.) 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
J. Cory Cordova, M.D. v. Lafayette General Health, Inc., University Hospitals & Clinics, Lafayette General Medical Center,inc., and Karen Curry, M.D., (La. Ct. App. 2024).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

CA 23-353 consolidated with CA 23-354

J. CORY CORDOVA, M.D.

VERSUS

LAFAYETTE GENERAL HEALTH, INC., UNIVERSITY HOSPITALS & CLINICS, LAFAYETTE GENERAL MEDICAL CENTER, INC., AND KAREN CURRY, M.D.

**********

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 20222976 HONORABLE MARILYN CARR CASTLE, DISTRICT JUDGE

GUY E. BRADBERRY JUDGE

Court composed of Jonathan W. Perry, Sharon Darville Wilson, and Guy E. Bradberry, Judges.

AFFIRMED AS AMENDED. James H. Gibson Stacy N. Kennedy Gibson Law Partners, LLC 2448 Johnston Street P.O. Box 52124 Lafayette, LA 70503 (337) 761-6023 COUNSEL FOR DEFENDANTS/APPELLEES: Lafayette General Medical Center, Inc. Lafayette General Health System, Inc. University Hospital & Clinics, Inc.

Jennie Porche Pellegrin Neuner Pate One Petroleum Center 1001 West Pinhook Road, Suite 200 P.O. Drawer 52828 Lafayette, LA 70505-2828 (337) 237-7000 COUNSEL FOR DEFENDANT/APPELLEE: Karen Curry, M.D.

Christine M. Mire 2480 Youngsville Hwy, Suite C Youngsville, LA 70592 (337) 573-7254 COUNSEL FOR PLAINTIFF/APPELLANT: J. Cory Cordova, M.D. BRADBERRY, Judge.

Dr. J. Cory Cordova appeals a trial court judgment granting an exception of

res judicata filed by Lafayette General Health System, Inc., University Hospital and

Clinics, Inc., and Lafayette General Medical Center, Inc (the Lafayette General

Defendants). Dr. Cordova filed two appeals relating to this matter. The second

appeal involves sanctions awarded to the Lafayette General Defendants at a

subsequent hearing and is docketed under number 23-354. At the request of the

Lafayette General Defendants, the two cases were consolidated by order of this court

on August 17, 2023. The issue in the present case centers around the release of

information regarding substandard evaluations to third parties contained in Dr.

Cordova’s LSU Medical School residency file.

FACTS

In 2017, Dr. Cordova began an internal medicine residency with LSU’s

residency training program at University Hospital & Clinics, Inc. At the time, Dr.

Karen Curry was the program director of the LSU residency program. Dr. Cordova

claims that he was placed on unwarranted probation and subject to a request for

adverse action, in addition to information being placed in his file which was

misleading, false, and inappropriate. He was non-renewed for the residency program.

Cordova I

In 2019, Dr. Cordova filed suit against the Lafayette General Defendants in

addition to Louisiana State University Agricultural & Mechanical College Board of

Supervisors, Dr. Curry, LSU department head Dr. Nicholas Sells, and director of

graduate medical education, Ms. Kristi Anderson (the LSU Defendants). The suit

also included claims of legal malpractice against Christopher Johnston and the

Gachassin Law Firm. Concerning the Lafayette General Defendants and the LSU Defendants, Dr. Cordova alleged due process violations under the federal and state

constitutions, in violation of 42 U.S.C. § 1983, breach of his residency contract, and

the sabotaging of his efforts to apply to other residency programs by sending

inappropriate and incomplete documentation regarding his disciplinary status and

evaluations to two other programs.

Subsequently, the LSU Defendants moved the entire case to the United States

District Court for the Western District of Louisiana based on subject matter

jurisdiction. On October 24, 2019, the western district court dismissed with

prejudice the contract claims against Dr. Anderson and dismissed without prejudice

the contract claims against Dr. Curry and Dr. Sells, reserving Dr. Cordova’s right to

reinstate these two claims if he could allege either doctor exceeded their authority.

The LSU Defendants filed a motion to dismiss, or in the alternative, a motion

for summary judgment. The western district court issued a judgment dismissing

with prejudice the claims relating to denial of procedural due process. The judgment

dismissed with prejudice the claims relating to the denial of substantive due process

regarding Dr. Sells and the LSU Board of Supervisors. The civil rights claim for

denial of substantive due process based on dissemination of information to other

residency programs regarding Dr. Anderson and Dr. Curry was dismissed without

prejudice. The civil rights claim for denial of substantive due process against Dr.

Curry and the breach of contract claim against the LSU Board of Supervisors

survived.

The remaining LSU Defendants filed a motion for summary judgment. The

Lafayette General Defendants also filed a motion for summary judgment. The

western district court granted both motions for summary judgment and dismissed

with prejudice all remaining claims against the LSU Defendants and the Lafayette

2 General Defendants. Also, any previous claims as to any Defendant was also

dismissed with prejudice.

In its ruling, the federal district court stated:

The fact that other doctors and nurses provided letters of recommendation supporting him [Dr. Cordova] and/or gave him positive reviews on different rotations does not create an issue of fact as to the accuracy or objectivity of any of the assessments involved or Curry’s own professional judgment. Moreover, this evidence shows that Cordova’s non-renewal was the kind of academic/professional decision to which reviewing courts show great deference.

. . . . Cordova has failed to show anything more than a range of opinions regarding different areas of his competencies among the various medical professionals with whom he worked during his one- year term. None of the evidence introduced, even when drawn in a light most favorable to him, meets the high bar of showing that Curry’s assessment was so arbitrary and lacking in professional judgment as to shock the conscience. Accordingly, he has failed to meet his burden on the qualified immunity defense of establishing a constitutional violation and the substantive due process claim against Curry must be dismissed.

Cordova v. Louisiana State Agric., USDC No. 6:19-CV-1027 (W.D. La. 2020)

(unpublished opinion). 1 The western district court went on to hold that all its

findings also applied to the Lafayette General Defendants.

Later, in a separate judgment, the western district court remanded the

remaining legal malpractice claims against Mr. Johnston and the Gachassin Law

Firm to the state district court since all other claims had been resolved. The western

district court judgment also entered a final judgment on its previous rulings.

Cordova v. Louisiana State Univ. Health Sci. Ctr., 6:19-CV-1027 (W.D. La. 2021)

(unpublished opinion).2

Dr. Cordova appealed the judgment dismissing his claims against the LSU

Defendants and the Lafayette General Defendants to the United States Court of

1 2020 WL 7413878 2 2021 WL 972738

3 Appeals for the Fifth Circuit. The Fifth Circuit ruled that Dr. Cordova did not timely

appeal that judgment. Cordova v. Louisiana State Univ. Agric., 21-30239 (5th Cir.

2022) (unpublished opinion). 3 The United States Supreme Court subsequently

denied writs in the case. In Re J. Cory Cordova, 21-1280, __ U.S. __, 142 S.Ct.

2733 (2022) (unpublished opinion). On May 19, 2022, the judgment was issued as

a final mandate by the Fifth Circuit.

Cordova II

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Bluebook (online)
J. Cory Cordova, M.D. v. Lafayette General Health, Inc., University Hospitals & Clinics, Lafayette General Medical Center,inc., and Karen Curry, M.D., Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-cory-cordova-md-v-lafayette-general-health-inc-university-lactapp-2024.