Russo v. Vasquez

648 So. 2d 879, 1995 WL 14909
CourtSupreme Court of Louisiana
DecidedJanuary 17, 1995
Docket94-CC-2407
StatusPublished
Cited by35 cases

This text of 648 So. 2d 879 (Russo v. Vasquez) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Russo v. Vasquez, 648 So. 2d 879, 1995 WL 14909 (La. 1995).

Opinion

648 So.2d 879 (1995)

Lillian W. RUSSO, et al.
v.
Dr. Hiram VASQUEZ, et al.

No. 94-CC-2407.

Supreme Court of Louisiana.

January 17, 1995.

Milo A. Nickel, Jr., Woodley, Williams, Fenet, Boudreau, Norman & Brown, Lake Charles, for applicants.

William P. Crews, Jr., Watson, Murchison, Crews, Arthur & Corkern, Natchitoches, Edward P. Chevallier, Jr., Burkett & Chevallier, many, for respondents.

KIMBALL, Justice.[*]

The issue in this case is whether a settlement between a medical malpractice claimant and a qualified health care provider and his insurer, wherein the insurer paid the claimant $95,000.00 in cash and accepted a $5,000.00 discount, constitutes a $100,000.00 settlement sufficient to trigger the Louisiana Patient Compensation Fund (PCF)'s liability for excess damages and preclude the PCF from contesting the qualified health care provider's liability. We conclude that the settlement in this case is not a $100,000.00 settlement and does not trigger the PCF's liability for excess damages or preclude the PCF from contesting the qualified health care provider's liability because the PCF's liability can only be triggered when a qualified health *880 care provider's insurer or a self insured qualified health care provider settles with a medical malpractice claimant by paying the claimant a full $100,000.00.

FACTS AND PROCEDURAL HISTORY

On July 12, 1993, Mrs. Lillian W. Russo, individually and as representative of the estate of her late husband, Dr. Anthony Russo, filed a petition for damages against Dr. Hiram Vasquez, a physician duly qualified under the Louisiana Medical Malpractice Act; St. Paul Fire and Marine Insurance Company (St. Paul), Dr. Vasquez's liability insurer; and the PCF.[1] In her petition, Mrs. Russo alleged that she sustained severe and permanent neurological dysfunction after she underwent an epidural anesthesia administered by Dr. Vasquez on or about June 2, 1988, while she was his patient at Physicians' and Surgeons' Hospital in Shreveport. In addition to her allegations of malpractice, Mrs. Russo also alleged that in order to settle her case within the parameters of the Louisiana Medical Malpractice Act, she accepted ninety-five thousand dollars ($95,000.00) and granted Dr. Vasquez and St. Paul a five thousand dollar ($5,000.00) discount in exchange for prompt payment, dissolution of the Medical Review Panel, associated costs, and the ability to pursue immediately whatever rights she had against the PCF. Moreover, she alleged that because she had reached a settlement agreement with Dr. Vasquez and St. Paul, those parties had judicially confessed all liability, and the only remaining issue for the trial court to decide was the amount of general and special damages, including past, present and future medical care, that she should be awarded.

On the same day Mrs. Russo filed the aforementioned petition for damages, she also filed a petition, along with Dr. Vasquez, St. Paul, and Dr. Felix K. Prakasam[2], seeking court approval of the settlement of the malpractice claim and the demand for payment of excess damages by the PCF. The trial court concluded that the settlement conformed to the provisions of the Louisiana Medical Malpractice Act and held that Dr. Vasquez and his insurer were released from any and all claims arising out of the malpractice claim but that Mrs. Russo, individually and as representative of her late husband's estate, had reserved her rights against the PCF.

After the trial court concluded that the settlement conformed to the provisions of the Louisiana Medical Malpractice Act, the PCF answered Mrs. Russo's petition for approval of the settlement and set forth several affirmative defenses, including a denial that any liability on its part, statutory or otherwise, had been triggered. The PCF alleged that because the settlement in this case was for less than $100,000.00, Mrs. Russo was not entitled to excess damages because the PCF's statutory liability had not been triggered. Mrs. Russo then moved to strike all portions of the PCF's answer relating to or touching upon any matter other than the issue of the amount of damages that she would ultimately be entitled to recover. Citing Stuka v. Fleming, 561 So.2d 1371 (La. 1990), cert. denied 498 U.S. 982, 111 S.Ct. 513, 112 L.Ed.2d 525 (1990) and Koslowski v. Sanchez, 576 So.2d 470 (La.1991), the trial court granted Mrs. Russo's motion and ordered several paragraphs of the PCF's answer stricken from the record.

The Third Circuit Court of Appeal denied the PCF's application for a supervisory writ to review the trial court's decision on the Motion to Strike. In denying the application, the third circuit noted:

The issues presented in this writ application are presented in the context of reviewing the trial court's granting of a Motion to Strike which motion was filed by plaintiff-respondent, Lillian W. Russo. This court finds that the trial court must have determined that the parties to the settlement at issue in this matter intended that the settlement be for One Hundred Thousand Dollars ($100,000) since the judgment refers to the reasons articulated in Stuka v. Fleming, 561 So.2d 1371 (La.1990), and *881 Koslowski v. Sanchez, 576 So.2d 470 (La. 1991). Relator, the Louisiana Patient's [Sic] Compensation Fund, has provided this court with no basis for finding that this conclusion as to the intent of the parties to this settlement was in error. Accordingly, we find no error in the trial court's ruling. This court expresses no opinion on the issues regarding the proof required of the plaintiff at the trial of this matter in order for her to recover against the PCF as these issues are not properly before this court in reviewing the ruling on the Motion to Strike.

Russo v. Vasquez, 93-1387 (La.App. 3d Cir. 12/23/93).

Pursuant to plaintiffs' motion, the trial court scheduled a jury trial for Monday, January 10, 1994. On January 6, 1994, the PCF filed a motion to continue, advising the trial court that it was applying to this Court for supervisory writs to determine whether the parties to this case would have to prove and/or contest issues concerning the medical causation of Mrs. Russo's alleged injuries. The trial court denied the PCF's motion for a continuance on January 6, 1994, and the third circuit, finding no error in the trial court's ruling on the continuance, denied the PCF's application for supervisory writs on January 7, 1994. The PCF then filed a priority application in this Court seeking supervisory relief in the form of an emergency stay. This Court granted the PCF's application, noting:

Granted. Remanded to the trial court for evidentiary hearing to determine amount of discount allowed and to determine if settlement equated to $100,000.00. If so, the motion to strike is properly granted; if not then the trial court must deny the motion. See Koslowski v. Sanchez, 576 So.2d 470 (La.1991). Thereafter, the matter shall proceed according to law.

Russo v. Vasquez, 94-0054 (La. 1/11/94), 631 So.2d 457.

On January 12, 1994, the trial court, on its own motion, issued an order which stated in pertinent part:

Pursuant to order of the Supreme Court dated January 11, 1994, this Court ex proprio motu,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Khammash v. Clark
145 So. 3d 246 (Supreme Court of Louisiana, 2014)
Watkins v. Lake Charles Memorial Hospital
144 So. 3d 944 (Supreme Court of Louisiana, 2014)
Cubley v. WILLIS-KNIGHTON MEDICAL CENTER
21 So. 3d 1000 (Louisiana Court of Appeal, 2009)
Reed v. St. Charles General Hospital
11 So. 3d 1138 (Louisiana Court of Appeal, 2009)
Tipton v. Campbell
996 So. 2d 27 (Louisiana Court of Appeal, 2008)
Allen v. Bridges
942 So. 2d 686 (Louisiana Court of Appeal, 2006)
Derbes v. City of New Orleans
941 So. 2d 45 (Louisiana Court of Appeal, 2006)
Hanks v. Seale
904 So. 2d 662 (Supreme Court of Louisiana, 2005)
O'BRIEN v. Rizvi
898 So. 2d 360 (Supreme Court of Louisiana, 2005)
McNabb v. Louisiana Medical Mutual Insurance
858 So. 2d 808 (Louisiana Court of Appeal, 2003)
Roberson v. Arcadia Healthcare Center, Inc.
850 So. 2d 1059 (Louisiana Court of Appeal, 2003)
Ginn v. Woman's Hospital Foundation, Inc.
842 So. 2d 338 (Supreme Court of Louisiana, 2003)
Medical Review Panel Proceedings Reidling v. Smith
828 So. 2d 656 (Louisiana Court of Appeal, 2002)
King v. Doctor's Hosp. of Opelousas
817 So. 2d 473 (Louisiana Court of Appeal, 2002)
St. Romain v. Luker
804 So. 2d 85 (Louisiana Court of Appeal, 2001)
Coleman v. Deno
787 So. 2d 446 (Louisiana Court of Appeal, 2001)
Ceasar v. Barry
772 So. 2d 331 (Louisiana Court of Appeal, 2000)
Bowers v. Liuzza
769 So. 2d 88 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
648 So. 2d 879, 1995 WL 14909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russo-v-vasquez-la-1995.