Odom v. STATE, DEPT. OF HEALTH AND HOSP.

733 So. 2d 91, 1999 WL 157417
CourtLouisiana Court of Appeal
DecidedMarch 24, 1999
Docket98-1590
StatusPublished
Cited by11 cases

This text of 733 So. 2d 91 (Odom v. STATE, DEPT. OF HEALTH AND HOSP.) 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
Odom v. STATE, DEPT. OF HEALTH AND HOSP., 733 So. 2d 91, 1999 WL 157417 (La. Ct. App. 1999).

Opinion

733 So.2d 91 (1999)

William M. ODOM, Sr., et ux., Plaintiff-Appellee,
v.
STATE of Louisiana, Through the DEPARTMENT OF HEALTH AND HOSPITALS, et al., Defendants-Appellants.

No. 98-1590.

Court of Appeal of Louisiana, Third Circuit.

March 24, 1999.

*92 George Arthur Flournoy, Alexandria, for William M. Odum, et ux.

Victoria Reed Murry, Baton Rouge, for State of Louisiana, et al.

BEFORE: YELVERTON, WOODARD, and GREMILLION, Judges.

WOODARD, Judge.

In this malpractice suit, arising from the death of Joseph Paul Odom (Jojo), his adoptive parents, Mr. William M. Odom *93 and Mrs. Ramona R. Odom, named as defendants the Pinecrest Developmental Center through the State of Louisiana, the Department of Health and Hospitals (Pinecrest). At the close of a hearing held May 5-8, 1998, the Odoms filed a motion for directed verdict on the issue of Pinecrest's liability. The trial court granted the Odoms' motion and submitted the issue of quantum of damages to the jury. The jury returned a verdict in which it awarded Ms. Odom $86,000.00 and Mr. Odom $8,000.00 in general damages. The jury also awarded the Odoms $75,000.00 for Jojo's predeath fright and pain, $3,394.00 in funeral and burial expenses, and $1,215.00 in medical expenses. The $1,215.00 in medical expenses were increased to $1,992.34 by the trial court upon submission of evidence, showing that this was the amount of medical expenses actually incurred, in a motion for partial new trial filed by the Odoms. Pinecrest appeals suspensively.

FACTS

Jojo was born twelve weeks, prematurely, on June 14, 1979 at the Huey P. Long Medical Center in Pineville, Louisiana, weighing 1.6 pounds. His sixteen-year-old mother immediately placed him for adoption. Jojo remained in a premature nursery until September 20, 1979 and was placed into two different foster homes prior to his admission at Pinecrest on January 27, 1984. While a Pinecrest resident, Mr. Odom and Mrs. Odom adopted him on January 29, 1993. Jojo died of hypoxia[1] at Pinecrest on August 19, 1994. At birth, he was diagnosed with hyaline membrane syndrome, and he had his first seizure when he was six weeks old. In a Pinecrest interdisciplinary team annual report, dated November 9, 1993, his condition was described as follows:

Joseph is fourteen years of age. He is a non-verbal and non-ambulatory white male. Joseph is spastic quadraplegic (sic), hydrocephalic, has asthma, a convulsive disorder, and respiratory distress.
. . . .
... Since admission he has been tested to determine his level of intellectual functioning and reached an IQ of 4 and a mental age of 2 months.
. . . .
Joseph functions both intellectually and adaptively in the profound (-IV) range of mental retardation. Joseph responds to his name. He does not appear to be tactile defensive.... Joseph recognizes familiar people. He requires assistance with all self-help skills. Joseph demonstrates disabilities in vision.

Additionally, Jojo was unable to feed himself and was nourished via gastrostomy tube since 1981. Because he suffered from obstructive apnea due to a malformation of his head, neck, and trachea, his breathing became dependant on a trach tube. First and following an episode of respiratory distress, he sustained a tracheostomy at St. Frances Cabrini Hospital (Cabrini) on June 24, 1992. Subsequent to an episode of extubation on July 2, 1992, he was transported from Cabrini to the Children's Hospital where a new trach tube was installed.

Simultaneous to his discharge from the Children's Hospital on August 19, 1992, Dr. Dawn M. Baroni issued a home care plan regarding his tracheostomy. Among other things, the plan specified that the trach collar or trach ties should be changed once daily, the trach itself should be changed at least every Wednesday, and that a spare trach should always be kept at Jojo's bedside. The plan also required that an apnea monitor be maintained on Jojo "while sleeping or unattended." The Children's Hospital recommended that the apnea monitor be set to alarm within the following parameters:

*94
Apnea                             15 seconds    (The maximum amount of time lapse between
                                                each breath)
Bradycardia (low heart rate)      50            (Minimum amount of heart beats per
                                                minute)
Tachycardia (high heart rate)     150           (Maximum amount of heart beats per
                                                minute)

Finally, the plan recommended that Pinecrest keep a log of information to include, among other things, "secretion type and changes," "Respiratory rate," and "pulse."

In fact, the apnea monitor was set to alarm when Jojo's heart rate decreased below sixty beats per minute or accelerated over one hundred thirty-two beats per minute and when respirations slowed to less than twelve per minute or increased above thirty-two per minute. Pinecrest also instituted a trach and apnea monitor chart to be filed by the nurses on a daily basis. The apnea monitor chart, in particular, was implemented to check whether the nurses kept the monitor turned on at all times. Indeed, testimony adduced showed that the monitor's alarm would go off frequently, sometimes for no reason, other times because Jojo would simply hold his breath so that the nurses would attend to him. The nurses would become "aggravated" with the alarm and would turn off the monitor. Finally, a daily activity schedule, implemented pursuant to Pinecrest doctors' orders, reflects that the apnea monitor was to be "on at all times."

The nurses at Pinecrest were required to keep Jojo under a very specific regimen. Regarding his evening schedule, Jojo was supposed to be fed around 8:00 p.m. in his wheelchair. Once in bed, he had to follow a bed positioning program ordered by orthopedists; namely, he had to remain, either, on his left or right side to facilitate his breathing, alternating positions every three hours. At no time, was he supposed to lay on his back or stomach.

Pinecrest is a large facility which is structured in homes, and Jojo was assigned to Pedi-I, 501(501). 501 was consistently staffed with two licensed practical nurses (LPN), one registered nurse (RN), and three to four resident training specialist (RTS) for each of the three eight-hour shifts to be filled during the day. The first shift would run from six a.m. until two p.m., the second from two p.m. until ten p.m., and the third from ten p.m. until six a.m.

During the two-ten shift on the afternoon of August 19, 1994, 501 was staffed with one R.N., Ms. Nancy Fowler,[2] one LPN, Ms. Dorothy Johnson, and three RTS, Ms. Jennifer Ogle, Mr. William Lambert, and Ms. Esther Means.[3] A Pinecrest schedule regarding the two to ten shift reveals that Ms. Ogle was originally assigned to Home 502 and Mr. Lambert to Home 504. The schedule also reveals that fifteen clients were assigned to 501.

Ms. Means checked Jojo around 5:30 p.m., and Ms. Fowler stated that she checked him around 6:00 p.m. It was about 6:20 p.m. when Ms. Means, while making a round, found Jojo with his trach out of the stoma[4] but still tightly attached to his neck. Immediately, she hollered at Ms. Johnson for help. Ms. Ogle and Ms Johnson responded rapidly. Ms. Johnson immediately sent Ms. Means to call Ms. Fowler for help and asked if anyone knew CPR. Ms. Ogle answered that she thought she did and started CPR through Jojo's *95

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Cite This Page — Counsel Stack

Bluebook (online)
733 So. 2d 91, 1999 WL 157417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odom-v-state-dept-of-health-and-hosp-lactapp-1999.