Lewis v. Hull

899 So. 2d 797, 2005 La. App. LEXIS 821, 2005 WL 766569
CourtLouisiana Court of Appeal
DecidedApril 6, 2005
DocketNo. 39,441-CA
StatusPublished

This text of 899 So. 2d 797 (Lewis v. Hull) 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
Lewis v. Hull, 899 So. 2d 797, 2005 La. App. LEXIS 821, 2005 WL 766569 (La. Ct. App. 2005).

Opinion

I .PEATROSS, J.

Petitioners, Joann Lewis and Lucy Sikes (“Petitioners”), seek review of the trial court’s granting of Defendants’ motion for partial summary judgment finding that the damages suffered after November 10, 1999, by Joann Lewis were unrelated to the conduct of Defendants. For the reasons set forth herein, the partial summary judgment is affirmed.

FACTS

On September 19, 2003, Joann Lewis and the bankruptcy trustee of her estate, Lucy Sikes, filed suit against Dr. John E. Hull, M.D. and his employer, The Arthritis Clinic & Lab, Inc. (“The Arthritis Clinic”). The petition alleged that Ms. Lewis was treated by Dr. Hull on November 10, 1999, and that, during her visit, she was administered the medication Toradol. After receiving the medication, Ms. Lewis allegedly suffered an allergic reaction. The petition alleges that Ms. Lewis’ allergy to Toradol should have been known by Dr. Hull because she had previously suffered a similar reaction when he had administered the medication. Accordingly, Petitioners seek to have Dr. Hull and the Arthritis Clinic held liable for the damages suffered by Ms. Lewis for Dr. Hull’s breach of the standard of care.

Prior to filing the lawsuit, Ms. Lewis’ claim was submitted to a medical review panel. The panel reviewing her claim consisted of four members: Larry Arbour, as the attorney-chairman; Robert Wolf, M.D.; Robert E. Goodman, M.D.; and Thomas A. Pressly, M.D. The panel rendered its opinion on June 23, 2003. Two of the physician panel members, Drs. Pressly and Goodman, concluded that the evidence did not ^support the conclusion that Dr. Hull breached the applicable standard of care in his treatment of Joann Lewis.

In their reasons, the panel members found that the history preceding Ms. Lewis’ November 10, 1999 visit would not have created any certainty as to Toradol being the source of her previous allergic reactions. Ms. Lewis had been administered the medication on two prior occasions by Dr. Hull — first in September 1998 and again in November 1998. The first time she was administered the injection, Ms. Lewis reported no adverse reaction. The second time, she returned to Dr. Hull’s office shortly after the injection complaining of a raspy voice, itching and a generalized urticarial rash. The panel noted, however, that, during the November 1998 [799]*799visit, Ms. Lewis was also administered a Celestone injection. Additionally, the panel noted that the patient had recently been prescribed Darvocet and was taking other non-steroidal anti-inflammatory drugs. The panel concluded that, as a result of these other medications Ms. Lewis was taking, the etiological factor or factors giving rise to her allergic reaction would have been uncertain and Dr. Hull’s administration of Toradol on November 10, 1999, would have been within the standard of care.

The third member of the panel, Dr. Wolf, dissented from the panel’s conclusion on the basis that the severity of Ms. Lewis’ allergic reaction following her November 23, 1998 visit should have put Dr. Hull on notice not to administer any of the possible offending medications until the specific cause of the reaction was determined. Dr. Wolf noted, however, that the only injury sustained by Ms. Lewis following the November 10,1,4999 injection of Toradol was a urticarial rash and a cough which were treated that same day and from which Ms. Lewis “recovered uneventfully.” He further noted his belief that Ms. Lewis’ hospitalization on November 14 and 15, 1999, and her symptoms and complaints thereafter were unrelated to the Toradol injection. In paragraph 2 of his dissenting remarks, Dr. Wolf states:

The only damage/injury sustained by Ms. Lewis as a result of the administration of Toradol on November 10, 1999, was an urticarial reaction and cough as described in Dr. Hull’s addendum in his note of November 10, 1999. It is my opinion that the patient’s hospitalization at North Monroe Hospital on November 14th and 15th of 1999 was not related to the administration of the Toradol on November 10, 1999. It is my further opinion that any symptoms/complaints or medical treatment of Ms. Lewis subsequent to November 14th and 15th are not related to the administration of the Toradol on November 10,1999.

On March 19, 2004, Dr. Hull and The Arthritis Clinic filed a motion for partial summary judgment seeking dismissal of any claims for damages suffered after November 10, 1999, and limiting Ms. Lewis’ recovery of damages to any physical and/or mental pain and suffering that occurred on November 10, 1999. Attached to their motion for partial summary judgment was a copy of the opinion of the medical review panel identified via an affidavit executed by the attorney-chairman, Mr. Arbour. Also attached to the motion was a copy of Ms. Lewis’ responses to interrogatories wherein she identified the dissenting panel member, Dr. Robert Wolf, as the only expert whom she expected to call as an expert witness at trial. While Ms. Lewis reserved the right to supplement that response, there is no evidence in the record that any additional experts have ever been named.

|4In opposing the motion for partial summary judgment, Petitioners submitted a copy of the manufacturer’s product information pamphlet on Toradol along with Defendants’ admission that it was, in fact, an authentic copy of same. While the pamphlet lists the litany of potential side effects to Toradol, there are no specifics regarding the delay in onset, progression and duration of the side effects. In their very brief memorandum in opposition, however, Petitioners conclusively allege that many of the symptoms and side effects of Toradol listed in the product information would persist well beyond the date of ingestion. Also attached to the opposition was the affidavit of Ms. Lewis in which she attested to the following:

1. That she is the plaintiff in the proceeding styled “JOANN LEWIS, LUCY G. SYKES, BAKRUPTCY [sic ] [800]*800TRUSTEE FOR THE ESTATE OF JOANN LEWIS VERSUS NO. 03-4122 JOHN E. HULL, AND THE ARTHRITIS CLINIC AND LAB, INC.”
2. After she was administered Tora-dol by Dr. Hull on November 10, 1999, she developed hives/urticartia [sic] of the eyes, face and throat.
3. She experienced constriction of airways, gasping for air, and severe wheezing.
4. She experienced involuntary jerking and pain.
5. Furthermore, her weakness, shortness of breath and chest pains worsened daily from November 10, 1999, until she finally went to the hospital on November 14,1999.
6. The above described symptoms which required hospitalization, were continuous, progressive and were caused by the administration of Toradol by Dr. Hull on November 10,1999.

The motion for partial summary judgment was heard on May 18, 2004. The parties declined to have the hearing recorded. At the conclusion | Bof the hearing, the trial court granted Defendants’ motion and, on June 3, 2004, the trial court signed a judgment granting partial summary judgment dismissing Petitioners’ claims for damages “persisting after November 10,1999.” This appeal ensued.

After concluding that the trial court’s designation of the judgment as final was inadequate under the requirements of La. C.C.P. art. 1915(B), this court remanded the matter for a determination of whether there was “no just reason for delay” which would justify certification of the judgment as final and appealable.

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Bluebook (online)
899 So. 2d 797, 2005 La. App. LEXIS 821, 2005 WL 766569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-hull-lactapp-2005.