Jackson v. North Caddo Hospital Service District

District Court, W.D. Louisiana·Decided July 23, 2025·No. 5:22-cv-00171·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

CALVIN JACKSON, SR., CIVIL ACTION NO. 22-0171 INDIVIDUALLY AND ON BEHALF OF C.J.

VERSUS JUDGE S. MAURICE HICKS, JR.

NORTH CADDO HOSPITAL SERVICE MAGISTRATE JUDGE HORNSBY DISTRICT D/B/A NORTH CADDO MEDICAL CENTER

MEMORANDUM OPINION This matter came on for bench trial on March 25, 2024. See Record Document 56. Expert depositions were submitted and Plaintiff Calvin Jackson, Sr. (“Jackson”), individually and on behalf of C.J., filed a Post-Trial Memorandum on Damages. See Record Documents 56 & 61. This litigation presents a claim under the Emergency Medical Treatment and Labor Act (“EMTALA”), 42 U.S.C. § 1395dd; thus, this Court has subject matter jurisdiction over this case and the claims asserted herein pursuant to 28 U.S.C. § 1331. Based on the factual findings and legal conclusions set forth below, the Court finds there was no violation of the EMTALA and renders judgment in favor of Defendant North Caddo Hospital Service District d/b/a North Caddo Medical Center (“NCMC”).1

1 Also before the Court is a Motion in Limine (Record Document 35) filed by NCMC. Jackson did not contest two of the three grounds set forth in the defense motion. Thus, during the final pretrial conference, the Court granted the motion as to those two grounds: (1) a $500,000 cap on any potential damages pursuant to La. R.S. 13:5106(B) because of NCMC’s status as a political subdivision of the State of Louisiana; and (2) preventing Jackson from introducing any evidence at trial that seeks to establish any lost chance of survival damages because such damages are permitted only in medical malpractice actions under Louisiana law. See Record Document 50 at 2. The remainder of the Motion in Limine addressed the defense position that there is a $100,000 cap on any possible damages pursuant to the Louisiana Medical FINDINGS OF FACT On Sunday, August 9, 2020, at 5:29 pm, Jackson and his 13 year-old son, C.J., presented to the emergency room (“ER”) at NCMC because C.J. had been experiencing nausea and vomiting for approximately four days. Prior to arriving at NCMC, Jackson testified that C.J. had vomited, was unable to keep any food or water down, was dizzy, and was short of breath. On the Emergency Room Patient Information form, Jackson stated that the reason for the C.J.’s visit was “dizziness, vomiting.” Exhibit A at

JACKSON005. In triage, Jackson informed Registered Nurse Rebecca Attaway (“Nurse Attaway”) that C.J. had been vomiting for three to four days and had vomited five to six times that day. See id. at JACKSON011 (ED Triage Pediatrics). Jackson testified that he told Nurse Attaway that C.J. felt nauseous, was weak, and could not hold anything down. Nurse Attaway’s triage assessment reflects that she took C.J.’s temperature, systolic blood pressure, diastolic blood pressure, peripheral pulse rate, respiratory rate, and oxygen level. See id. According to Nurse Attaway, C.J.’s respiratory rate and oxygen levels were normal. The triage assessment/emergency documentation also reflects C.J.’s height, weight, and BMI. See id. Nurse Attaway stated that this was all

part of her medical screening examination. Nurse Attaway scored C.J. a tracking acuity of 5, indicating he was not critical. See id. Nurse Attaway also testified regarding C.J.’s medical social history, stating that there were no signs or symptoms of abuse and neglect

Malpractice Act, (“LMMA”), specifically La. R.S. 40:1231.2(B)(2). See Record Document 35 at 5-9. Jackson opposed the motion on this ground. See Record Document 39. Resolution of this issue was deferred to trial. See Record Document 50 at 2. Because this Court has found no violation of the EMTALA and rendered judgment in favor of NCMC, there is no need to reach the contested issue of whether the LMMA’s $100,000 damages cap applies in this instance. NCMC’s Motion in Limine (Record Document 35) is terminated as MOOT. and C.J. had never smoked, used electronic cigarettes, or vaped. See id. at JACKSON013. She further testified that C.J. was alert, his behavior was appropriate, and he was calm and cooperative. C.J. was then moved to an examination room and seen by Dr. John Chandler (“Dr. Chandler”), a family practice physician who worked in the emergency room at NCMC. See id. at JACKSON006. Dr. Chandler testified that he had been practicing as an emergency medicine physician since 2016 and was tendered as an expert physician

in emergency medicine. Dr. Chandler explained that as the ER physician, he took his own medical history and did his own medical screening of C.J, including cardiovascular, respiratory, and psychiatric. See id. Additionally, he reviewed the triage information for C.J. and noted two things: his heart rate was up a little bit and his diastolic blood pressure was up. Dr. Chandler testified this could be indicative of hypertension or from C.J. being in the emergency room, which can be an anxiety provoking situation. Dr. Chandler recalled at trial that he considered C.J.’s chief complaints to be nausea, vomiting, and a rash on his penis. In his ED Note, Dr. Chandler wrote: History of Present Illness The patient presents with rash. The onset was about a week. The course/duration of symptoms is constant. Location: foreskin of penis. The character of symptoms is itching. . . . Additional history: Pt is a 13 year old AA male with MR who presents to ED and initially reports that he was nauseated, but on further questioning his main reason for presenting is a rash on his penis. He states that his appetite is normal and denied any N/V to me.

Id.2 Dr. Chandler testified that he got this medical history from C.J. Dr. Chandler recalled that Jackson relayed C.J. had been short of breath, but C.J. did not report this. See id.

2 At trial, Dr. Chandler clarified that “MR” referred to mentally retarded. He testified that C.J. did not tell him he was mentally retarded, but Jackson implied it. When asked how Jackson implied it, Dr. Chandler explained that Jackson told him C.J. was not right. Dr. Chandler interpreted this to mean C.J. was a child with special needs. The defense Notwithstanding, Dr. Chandler listened with his stethoscope and found C.J.’s heart to have a regular rate and rhythm. See id. at JACKSON007. Additionally, C.J.’s lungs were clear, respiration was non-labored, and breath sounds were equal. See id. Dr. Chandler further testified that he ordered a chest X-ray due to the shortness of breath and an EKG because of the elevated heart rate. As to C.J.’s skin examination, Dr. Chandler found “skin of the distal penile foreskin is slightly swollen with white exudative material around the glans.” Id. Dr. Chandler also explained that C.J.’s social history was

tailored to the 13 year-old patient, specifically noting there was no history of smoking, use of electronic cigarettes, or vaping. The results of the chest X-ray were “normal.” See id. at JACKSON031. The EKG was read as “prob[ably] normal for age.” Id. at JACKSON022. Dr. Chandler testified that C.J.’s vital signs at 8:20 p.m. had all improved. See id. at JACKSON026. Dr. Chandler diagnosed C.J. with a yeast infection and prescribed nystatin topical cream. C.J. was discharged at 8:23 pm. After C.J. was discharged, he returned home with Jackson and went to sleep. The next morning, Monday, August 10, 2020, Jackson’s fiancé, Jessica Jackson,

found C.J. on the floor barely breathing. She testified that she called 911. Bossier Parish Emergency Medical Service (“EMS”) arrived and, while in route to Willis Knighton – Bossier, C.J. went into cardiopulmonary arrest. See Exhibit B at JACKSON007.

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