Purvis v. Jefferson Parish Hospital Service

209 So. 3d 363, 16 La.App. 5 Cir. 434, 2016 La. App. LEXIS 2337
CourtLouisiana Court of Appeal
DecidedDecember 21, 2016
DocketNO. 16-CA-434
StatusPublished
Cited by7 cases

This text of 209 So. 3d 363 (Purvis v. Jefferson Parish Hospital Service) 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
Purvis v. Jefferson Parish Hospital Service, 209 So. 3d 363, 16 La.App. 5 Cir. 434, 2016 La. App. LEXIS 2337 (La. Ct. App. 2016).

Opinion

LILJEBERG, J.

hln this medical malpractice case, plaintiff, Coley Purvis, appeals the trial court’s judgment rendered in favor of defendant, the Louisiana Patient’s Compensation Fund (“PCF”), dismissing plaintiffs claims against it with prejudice. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On November 5, 2007, Mr. Purvis experienced an onset of acute appendicitis and was taken to the emergency room at West Jefferson Medical Center (“WJMC”). The next day, November 6, 2007, surgery was performed by Dr. Todd Belott, assisted by Dr. Lance Burns. During the surgery, while the operating table was in the Tren-delenburg 1 position, Mr. Purvis, who was under general anesthesia, began to slide off the operating room table and ended up on the floor. The parties dispute the speed at which Mr. Purvis struck the floor, with plaintiff arguing that his injuries show he struck the floor at a rapid rate of speed and the PCF arguing that Dr. Belott grabbed Mr. Purvis about six to twelve inches above the floor and carefully placed or guided him to the floor. After the accident, Mr. Purvis was returned to the operating table, the room was re-prepped, and the appendectomy was completed.

Later that evening, while Mr. Purvis was in recovery, Dr. Belott and Dr. Burns told him about the fall, after Mr. Purvis indicated that he was having shoulder, head, and neck pain. Cervical spine x-rays were performed, which did not show any fracture. Mr. Purvis was discharged from the hospital on November 8, 2007. However, he returned to see Dr. Belott on November 19, 2007, with complaints of abdominal pain, low grade fever, nausea, mild to moderate neck and arm pain, and numbness in the right arm. Mr. Purvis was readmitted to the 12hospital and referred to Dr. Steven Atkins for a neurological consultation. In his consultation report, Dr. Atkins found that plaintiff had “[cjervical radiculopathy on the right specifically at the level of C6 with neck pain, arm pain, and paresthesias.” A cervical MRI also revealed that plaintiff had a disc bulge at C3-C4 indenting the thecal sac. Mr. Purvis was discharged from the hospital on November 21, 2007.

Mr. Purvis filed this lawsuit against several defendants, including WJMC, Dr. Be-[367]*367lott, Dr. Burns, Dr. Levin2 and others.3 Mr. Purvis asserts that as a result of the accident, he sustained several injuries, including cervical herniated discs and bulging, aggravation of a preexisting lumbar herniated disc producing radiculopathy, anxiety, depression, and a traumatic brain injury resulting in a seizure disorder, rendering him totally and permanently disabled.

Prior to trial, Drs. Belott, Burns, and Levin were dismissed from this case via summary judgments. Mr. Purvis also filed a Motion for Partial Summary Judgment arguing that he was entitled to judgment as a matter of law as to the liability of WJMC, because the WJMC nurses were unquestionably negligent in failing to secure him to the operating table, which caused his fall and the resulting injuries. The trial court granted partial summary judgment on the issue of liability, finding WJMC liable for its nurses’ failure to properly secure Mr. Purvis to the operating table. The trial court noted that the issues of medical causation and damages were preserved for trial on the merits. Thereafter, Mr. Purvis and WJMC reached a confidential settlement. Mr. Pur-vis then pursued recovery for damages in excess of $100,000 from the PCF.

A judge trial was conducted from September 21-23, 2015, and then completed on November 17, 2015. At trial, Mr. Purvis testified that at the time of the accident, he was living in Miami and working for Estee Lauder as the senior 1 ..¡coordinator of special events. He was on vacation in New Orleans and about to return home when his symptoms of acute appendicitis began, and he was taken to WJMC. Mr. Purvis stated that he has not been able to work since the accident and has suffered significant economic loss and loss of lifestyle as a result of the accident. Mr. Purvis’ longtime partner, Nigel Hartzog, also testified about the decline in their financial status and lifestyle as a result of the accident.

According to Mr. Purvis, due to the pain caused by the accident, he can no longer perform the physical demands and travel associated with his job at Estee Lauder. He testified that he loved his job and never missed any work before the accident, other than a couple of days in 2006 when he pulled some muscles in his back after reaching for and picking up his computer bag. Mr. Purvis admitted that prior to the accident, he saw a chiropractor, Dr. Robert Whitney, for stiffness and muscle tension in his neck and shoulders, which was likely caused by his extensive travel for work. His first visit with Dr. Whitney was in April of 2005. However, he maintained that he treated before the instant accident solely for muscle issues, not spinal or disc pathology. He stated that he did not need epidural steroid injections before the accident and he did not have neck pain that radiated down his right shoulder into his hand with resulting paresthesias and tingling until after the accident. He also did not have seizures before the instant accident.

Mr. Purvis also admitted that he saw Dr. Michael Wohlfeiler, an internist, before the accident for anxiety issues primarily related to a stressful work situation with a colleague. Dr. Wohlfeiler prescribed Lexa-pro, a medication for anxiety and depression. Mr. Purvis also saw Dr. Wohlfeiler [368]*368for back pain after the incident when he reached for and picked up his computer bag. However, Mr. Purvis described his back problems prior to the accident as minor, and he did not believe Dr. Wohlfeiler ever informed him that he had a herniated disc in his back. According to Mr. Purvis, he could perform the requirements of his job and had a | ¿great life before the accident, but he has had excruciating pain since the accident and has been unable to work. He maintained that his pain after the accident has been different and much more severe than any pain he had before the accident.

Mr. Purvis was questioned about surveillance videos that were taken of him. One of the surveillance videos was taken on February 5, 2013, and it shows Mr. Purvis and Mr. Hartzog loading a pickup truck with several items, including a mattress and box spring, when they were moving from Florida to Alabama. Mr. Purvis testified that the physical activity he was doing on the surveillance video, including bending and lifting, was very unusual for him. He stated that he cannot bend or reach over his head, as shown on the video, on a regular basis, but he would have been able to do so prior to the accident. Mr. Purvis initially stated that he was not lifting the mattress in the surveillance video, but was guiding it, with Mr. Hartzog bearing most of the weight. However, after counsel pointed out that Mr. Purvis is shown with his hands underneath the mattress and with the mattress in an elevated position, he admitted that it was “fair to say” that he was lifting the mattress off the truck.

Mr. Purvis was also questioned about a Social Security Administration form that was filled out by Dr. Troy Beaucoudray in 2011, indicating that Mr. Purvis could not lift over ten pounds, that he could not sit, stand, or walk for more than 15 minutes without interruption, and that he could not sit, stand, or walk for more than two hours in a work day. The document also indicates that Mr.

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209 So. 3d 363, 16 La.App. 5 Cir. 434, 2016 La. App. LEXIS 2337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/purvis-v-jefferson-parish-hospital-service-lactapp-2016.