Pellerin v. Humedicenters, Inc.

696 So. 2d 590, 96 La.App. 4 Cir. 1996, 1997 La. App. LEXIS 1636, 1997 WL 327513
CourtLouisiana Court of Appeal
DecidedJune 11, 1997
Docket96-CA-1996
StatusPublished
Cited by2 cases

This text of 696 So. 2d 590 (Pellerin v. Humedicenters, Inc.) 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
Pellerin v. Humedicenters, Inc., 696 So. 2d 590, 96 La.App. 4 Cir. 1996, 1997 La. App. LEXIS 1636, 1997 WL 327513 (La. Ct. App. 1997).

Opinion

696 So.2d 590 (1997)

Delta W. PELLERIN
v.
HUMEDICENTERS, INC., et al.

No. 96-CA-1996.

Court of Appeal of Louisiana, Fourth Circuit.

June 11, 1997.
Rehearing Denied July 31, 1997.

Edwin R. Fleischmann, Jr., Metairie, for Plaintiff/Appellee.

Franklin D. Beahm, Jeffery W. McDonald, Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, for Defendants/Appellants.

Before BARRY, JONES and MURRAY, JJ.

JONES, Judge.

Delta Pellerin brought this medical malpractice action against Gwen Tangney, R.N., Galen-Med, Inc. d/b/a/ Lakeland Medical Center (a/k/a Humedicenters, Inc., d/b/a/ Humana, Inc.), Robert E. Gruner, M.D., Sterling *591 Drug, Inc., and Pfizer, Inc.[1], alleging she sustained injuries as a result of an improperly administered injection into her hip. The jury found in favor of plaintiff and awarded $90,304.68 in total damages. We affirm.

FACTS

Plaintiff went to the emergency room at Lakeland Medical Center complaining of chest pain on February 22, 1988. An emergency room physician, Dr. Robert Gruner, examined her and ordered Nurse Gwen Tangney to give her an injection consisting of 50 mg. of Demerol and 25 mg. of Vistaril. Although Nurse Tangney testified she did not recall giving the injection, she did not deny giving it and her initials are present in the emergency room record. Nurse Tangney further testified to what she routinely does when administering injections such as the one plaintiff received. She testified she would have injected an inch and one half long needle into the skin over the gluteal muscle, at a ninety degree angle, plunging down through the subcutaneous tissue and deep into the muscle. Before injecting the drug, she testified she would make sure the needle was not in a blood vessel. Nurse Tangney admitted she failed to record the site and mode of injection in the emergency room records. She said she may have written this information in the nurse's notes, but no such notes were admitted into evidence.

Plaintiff testified she felt pain and a burning sensation in her hip during the injection. According to testimony by Dr. Gruner, a burning sensation upon injection of Vistaril is common. However, the burning persisted afterward and progressively worsened over the next several weeks. The pain spread to an area approximately ten inches in diameter around the injection site and intensified when plaintiff engaged in activities that required planting her right foot. She could not sleep on her right side, work, perform household chores, or participate in sports without experiencing pain. She also testified she had a lump around the injection site and her skin was numb in that area.

Plaintiff further testified she consulted her gynecologist, Dr. Farrell, in April 1988. After examining the area of the injection, he recommended she see a neurologist. He referred her to Dr. Thomas Krefft, whom she first saw on April 27. Dr. Krefft found decreased sensation to pin pricks and cold in an area of two by four centimeters at the edge of plaintiff's hip. He diagnosed her with right cutaneous gluteal neuropathy (improper functioning of a nerve running right under the skin in the right buttock region). Dr. Krefft prescribed a medication for nerve pain. However, plaintiff returned on June 21, complaining of continuing pain despite taking the medication. At that time, Dr. Krefft recommended physical therapy, which was started on June 30, with Charles Reynolds. According to plaintiff's testimony, the physical therapy involved massages, ultrasound and use of a TENS unit (an electrical skin stimulator which helps block pain while it is being used). Mr. Reynolds testified he never felt any lump on plaintiff's body.

Plaintiff's next visit to Dr. Krefft occurred on August 3. She reported that she continued having sharp pain in her hip. She had stopped taking the pain medication, but the physical therapy and TENS unit were helping. The numbness in her skin was also improving. At the next visit on August 31, 1988, she said she was using the TENS unit every day and was feeling better.

On October 3, plaintiff saw Dr. Krefft's associate, Dr. Debra Burris. At that time, plaintiff had continuing pain in the right hip that came and went twice a day. Most of the numbness had disappeared, but Dr. Burris found decreased sensation to pin prick, touch and cold. She recommended plaintiff start using the pain medication again, continue use of the TENS unit, and return to Dr. Krefft in one month.

Plaintiff did not see Dr. Krefft again until the following year. Shortly before returning to him she started physical therapy with *592 Anthony Macalusa, which lasted from March 30 to May 23, 1989. On April 17, 1989, she saw Dr. Krefft because the TENS unit was irritating her skin and the pain in her hip was still severe, especially while sitting. She told him she was going to physical therapy three times a week and was able to sleep most nights. Dr. Krefft recommended she continue use of the pain medication.

Plaintiff returned for her last visit with Dr. Krefft on May 24, 1989, with complaints similar to the previous visit. Dr. Krefft referred her to Dr. Richard Morse, a pain management specialist at the Touro Pain Clinic.

Plaintiff first came to the Chronic Pain Clinic at Touro Infirmary in June of 1989. Dr. Morse testified plaintiff reported she had pain two-thirds to three-quarters4 of her waking hours and her sexual activity had decreased by about forty percent. Dr. Morse concluded something had irritated the nerves in the soft tissues below the skin along the thigh and caused some tissue irritation or scarring as well. He also testified she was moderately depressed. Plaintiff was treated with medication and physical therapy. She was also taught methods for coping with pain. Her last visit was on September 30, 1989. Plaintiff testified that by the time she concluded treatment at the clinic, she had obtained a 50% reduction in pain.

At trial, plaintiff testified she continued to have stabbing, burning pains which occurred weekly or every other week. She no longer needed a TENS unit, but she had not returned to running or participating in other sports because she feared it might cause extreme pain. According to her testimony, the lump around the injection site disappeared sometime in 1993.

In 1990, a medical review panel rendered an opinion in favor of Dr. Gruner, Nurse Tangney and the hospital, finding no breach of the standard of care. However, at trial in 1996, the jury returned a verdict in favor of plaintiff and against Nurse Tangney and awarded $90,304.68 in damages.

DISCUSSION AND LAW

VERDICT

"To prove medical malpractice, the plaintiff must establish by a preponderance of the evidence: the standard of care, a breach of that standard, causation, and damages." La. R.S. 9:2794; Bradford v. O'Neill, 95-2449, 95-2450 (La.App. 4 Cir. 11/20/96); 688 So.2d 33. A determination of whether a hospital has breached the duty of care owed to a particular patient depends on the facts and circumstances of the case, and in finding or refusing to find a breach of duty, the fact finder has great discretion. Parker v. Centenary Heritage Manor Nursing Home, 28,401 (La.App. 2 Cir. 6/26/96); 677 So.2d 568, writ denied, 96-1960 (La. 11/1/96); 681 So.2d 1271. To reverse a fact finder's verdict, the appellate court must find from the record that a reasonable factual basis does not exist for the verdict, and that the record establishes the verdict is manifestly wrong. Stobart v. State through Dept. of Transp. and Development, 617 So.2d 880 (La.1993).

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Bluebook (online)
696 So. 2d 590, 96 La.App. 4 Cir. 1996, 1997 La. App. LEXIS 1636, 1997 WL 327513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pellerin-v-humedicenters-inc-lactapp-1997.