LeBlanc v. St. Paul Fire and Marine Ins. Co.

772 So. 2d 133, 2000 WL 1277218
CourtLouisiana Court of Appeal
DecidedSeptember 6, 2000
Docket99-2008
StatusPublished
Cited by1 cases

This text of 772 So. 2d 133 (LeBlanc v. St. Paul Fire and Marine Ins. Co.) 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
LeBlanc v. St. Paul Fire and Marine Ins. Co., 772 So. 2d 133, 2000 WL 1277218 (La. Ct. App. 2000).

Opinion

772 So.2d 133 (2000)

Pamela LeBLANC and C.J. LeBlanc, et al.
v.
ST. PAUL FIRE AND MARINE INS. CO., et al.

No. 99-2008.

Court of Appeal of Louisiana, Third Circuit.

September 6, 2000.
Writ Denied November 27, 2000.

*134 Todd Townsley, Lake Charles, LA, for Plaintiffs-Appellees.

Richard Cappel, Lake Charles, LA, for Defendant-Appellant.

Court composed of NED E. DOUCET, Chief Judge, SYLVIA R. COOKS, and JOHN D. SAUNDERS.

COOKS, Judge.

The Louisiana Patient's Compensation Fund appeals a judgment against it in the amount of $591,321.29. It alleges the trial court erred in finding in favor of appellee and denying its Motion in Limine to exclude certain expert testimony. the foregoing reasons, we affirm the trial court's judgment.

FACTS

This case involves a medical malpractice action against Dr. John B. Caire and the Louisiana Patient's Compensation Fund. Dr. Caire specializes in obstetrics and gynecology. also provides medical services to assist his patients in weight control and reduction. Appellee, Pamela LeBlanc, was dissatisfied with her weight and sought treatment from Dr. Caire. On her first visit, in April of 1995, LeBlanc was placed in a group with approximately 8-10 patients. An employee in Dr. Caire's office determined the patients' blood pressure, briefly discussed eating habits, passed out a fat gram book, and a pamphlet regarding the importance of water and exercise. Following a brief lecture, the patients were taken to Dr. Caire's office.

*135 The patients were not separated. They sat in a group around Dr. Caire's desk while he questioned each of them about their weight loss goals. After each patient discussed her objective, the doctor allowed the patient to determine the strength of her medication. He asked her whether she wanted strong, medium, or mild pills. He did not counsel any patient on the risks associated with taking the prescribed medication.

Dr. Caire prescribed two pills for Le-Blanc, Phentermine and dessicated hormone. Phentermine is an appetite suppressant commonly prescribed to patients attempting to lose weight. Dessicated hormone, however, is commonly referred to as slaughter house thyroid hormone because it is extracted from slaughter house animals.

Title 46 of the Louisiana Administrative Code, Professional and Occupational Standards, Part I, Chapter 69, Subpart 3, makes it unlawful for any physician to prescribe dessicated hormone for weight loss purposes. Sub-parts (D) & (E) of Title 46 also makes it unlawful for a physician to prescribe Phentermine for more than 12 weeks in a one year period.

Dr. Caire prescribed the hormone supplement to LeBlanc without informing her of its potential risks. Dr. Caire also failed to perform any laboratory test to determine the condition of LeBlanc's thyroid; and, he did not investigate LeBlanc's medical history nor perform a physical examination on her.

LeBlanc returned to Dr. Caire's office on a monthly basis. She testified nonmedical staff refilled her prescription and recorded her weight. She saw Dr. Caire only twice in six months, and neither time did he examine her thyroid. Dr. Caire confirmed prescribing Phentermine for LeBlanc's use in conjunction with the hormone supplement for a period exceeding the annual duration statutorily authorized.

In September of 1995, Dr. Caire increased LeBlanc's hormone dosage because she complained of not losing weight. Again, he failed to warn her of the serious risks associated with the use of the hormone, particularly when taken in conjunction with Phentermine. On her last visit, LeBlanc bought 100 of the stronger dose pills. But shortly thereafter, she began to experience "a scratchy and irritated feeling" in her eyes. Her left eye eventually became swollen with mucus and discharge. first, LeBlanc believed the condition resulted from "pink eye," but her symptoms persisted; and, she scheduled an appointment with Dr. Liwliwa Ramos, an internal medicine physician.

Dr. Ramos prescribed eye drops for Le-Blanc's use. The drops, however, did not solve the problem. doctor recommended that LeBlanc visit Dr. Kenneth Harper, an ophthalmologist. Dr. Harper ran several tests and diagnosed LeBlanc with having Grave's Disease. January of 1996, he concluded her condition resulted from the dessicated hormone which he suggested she discontinue using immediately. also instructed her to return to Dr. Ramos for further testing. One day later, Dr. Ramos did a thyroid profile which confirmed Dr. Harper's diagnosis. Ramos noted her thyroid was extremely abnormal. sought another opinion from Dr. Lee Schwalben, an internal medicine specialist. After performing several tests, Dr. Schwalben also confirmed LeBlanc was suffering from Grave's Disease and stated the condition resulted from the use of dessicated hormone supplement.

LeBlanc's condition grew worse. In addition to the itchy, swelling eye symptoms, she began experiencing hot flashes and nervousness. Dr. Harper referred her to Drs. Mazow and Wilkins of the Houston Eye Associates. In an effort to control the swelling, Dr. Wilkins prescribed LeBlanc huge doses of Prednisode, a steroid drug. He, like the other doctors, believed her problems resulted from the use of the hormone supplement. LeBlanc's left eye grew worse, eventually protruding out of the eye socket and then pointing downward. She experienced difficulty seeing. Dr. Mazos recommended surgery. In November *136 of 1996, LeBlanc underwent Strabismus surgery on the left eye. A few months later, in February of 1997, she underwent orbital decompressions in both eyes and a third surgery the following November.

Despite three surgeries, LeBlanc's condition persists. She has permanent double vision, depth perception problems and sensitivity to air blowing directly into her eyes. Both eyes "bulge out" and her appearance has dramatically changed. Le-Blanc quit her job as an x-ray technician to avoid further exposure to radiation, noting the three surgeries she underwent required radiation treatments. For the rest of her life, she will require medication to regulate her thyroid.

LeBlanc filed a malpractice suit against Dr. Caire, individually, and on behalf of her husband and minor children for damages sustained. As required under Louisiana's Medical Malpractice Act, La.R.S. 40:1299.41 et seq., the claim was submitted first to a medical review panel before any action could be filed. La.R.S. 40:1299.47. The panel unanimously concluded Dr. Caire should have performed blood tests and/or thyroid tests when he prescribed the dessicated hormone for LeBlanc's use. However, the panel did not find the evidence it reviewed proved the hormone supplement caused or contributed to Le-Blanc's Grave's Disease.

LeBlanc then filed suit. A jury rendered a verdict against Dr. Caire and the Louisiana Patient's Compensation Fund (the Fund) in the following amounts:

Pamela LeBlanc $250,000 for physical and mental pain and suffering and loss of enjoyment of life (past and future) $31,321.29 past medical expenses and $50,000 for future medical expenses; disability; $100,000 for permanent or partial disability; $100,000 for disfigurement; C.J. LeBlanc $20,000 for loss of consortium claim Joseph LeBlanc $20,000 for loss of consortium claim Wade LeBlanc $20,000 for loss of consortium claim

The total judgment was for $591,321.29, minus a credit in the amount of $100,000.00.

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772 So. 2d 133, 2000 WL 1277218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leblanc-v-st-paul-fire-and-marine-ins-co-lactapp-2000.