Thibodeaux v. Bernard

772 So. 2d 897, 2000 WL 1693808
CourtLouisiana Court of Appeal
DecidedNovember 2, 2000
Docket00-72
StatusPublished
Cited by5 cases

This text of 772 So. 2d 897 (Thibodeaux v. Bernard) 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
Thibodeaux v. Bernard, 772 So. 2d 897, 2000 WL 1693808 (La. Ct. App. 2000).

Opinion

772 So.2d 897 (2000)

Nicole THIBODEAUX, et al.
v.
Irvin BERNARD, et al.

No. 00-72.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2000.

*899 Barry J. Heinen, Lafayette, LA, Counsel for Plaintiffs-Appellants.

Thomas R. Hightower, Jr., Frances Gossen O'Neal, Lafayette, LA, Counsel for Defendants-Appellees.

(Court composed of Chief Judge NED E. DOUCET, ULYSSES GENE THIBODEAUX, SYLVIA R. COOKS, BILLIE COLOMBARO WOODARD and JOHN D. SAUNDERS, Judges).

COOKS, Judge.

Nicole Thibodeaux was involved in an automobile accident on September 1, 1994 in Lafayette, Louisiana. Nicole alleged she suffers, as a result of the accident, from myofascial pain syndrome principally located in the right shoulder area and severe depression.

Nicole filed suit against Irvin Bernard (the driver of the other car), his company (Bernard Office Supply), and their insurer (Shelter Mutual Insurance Company). Claims for loss of consortium were also filed on behalf of Nicole's husband, Steve and their two minor children. Prior to trial the parties stipulated Irvin Bernard was solely responsible for the accident. Irvin Bernard and Bernard Office Supply were eventually dismissed as parties. Shelter Insurance Company remained as the sole defendant.

The case was tried before a jury, which awarded the following sums to Nicole Thibodeaux:

Past Pain and Suffering                $ 30,000.00
Future Pain and Suffering              $ 40,000.00
Past Medical Expenses                  $ 50,932.00
Future Medical Expenses                $  7,600.00
Past Lost Wages                        $    206.00
Future Lost Wages                      $ 12,582.00
Loss of Enjoyment of Life, Past and
   Future                              $ 35,000.00
                                       ____________
Total                       $176,320.00

The jury did not make any loss of consortium awards. Plaintiffs lodged this appeal, contending the jury erred in awarding inadequate (1) future general damages; (2) future medical expenses; (3) past lost wages; and (4) future lost wages. Plaintiffs also appeal the jury's failure to make an award for Steve Thibodeaux's loss of consortium.[1]

Plaintiff's Medical History

On August 9, 1994 Nicole Thibodeaux was examined by Dr. Chris Hayes, her employer at the time. She complained of right ear pain, nervousness, headaches and informed Dr. Hayes she was having marital problems. Nicole also told the doctor she "cries all the time and can't sleep." Dr. Hayes believed she was suffering from depression and possible right temporomandibular joint (TMJ) pain. She prescribed Elavil for Nicole's depression.

Nicole again sought medical care from Dr. Hayes on September 2, 1994, informing the doctor she had been in an automobile accident the previous day. Nicole complained of neck pain radiating in both shoulders and burning pain in the left trapezius. Dr. Hayes felt she had a combination strain of the left trapezius and cervical muscles. She prescribed pain medication. On September 6, 1994, Nicole called Dr. Hayes complaining of "severe frontal headaches." Dr. Hayes restarted her on Elavil, which along with helping depression, works to prevent muscle tension headaches. Dr. Hayes saw her again on September 23, 1994 and noted she was exhibiting muscle spasms in the right and left trapezius, muscular headaches and was having crying spells. On October 5, 1994, *900 Nicole called and informed Dr. Hayes she could not report to work because of a severe headache. That day Dr. Hayes had a CT scan performed which results were normal. On Nicole's October 14, 1994 visit, Dr. Hayes noted her headaches were "better and fewer" and she was "depressed but better." This was Nicole's last visit with Dr. Hayes.[2] Dr. Hayes testified she felt Nicole's depression following the accident was a continuation of the depression she first complained of on August 9, 1994. However, Dr. Hayes felt Nicole's physical problems were caused by the accident.

Nicole did not undergo any further medical treatment until she saw Dr. Robert Franklin on March 27, 1995, and complained of neck and upper back pain with associated headaches. Dr. Franklin found no spasms or trigger points on his examination. In response to Nicole's complaints, he ordered a MRI, a CT scan and two EMG's, which results were all normal. Dr. Franklin diagnosed Nicole as suffering from myofascial pain syndrome affecting the trapezius, which more than likely caused her headaches. He referred her to a physical therapist. Dr. Franklin saw her again on May 9, 1995 and noted "a trigger point" in the right trapezius. Dr. Franklin felt she was progressing when he saw her on July 17, 1995, but she had not reached maximum medical improvement. He referred her to Dr. Robert Morrow for an orthopaedic opinion.

Dr. Morrow agreed with Dr. Franklin's diagnosis of myofascial pain syndrome. Dr. Morrow was concerned about the continuing headaches and recommended Nicole see Dr. Steven Snatic, a neurologist, for an evaluation.

Dr. Snatic first examined Nicole on October 4, 1995, and treated her "on and off" for the next three and one half years. During his initial examination, he found Nicole was tender in the right trapezius. Dr. Snatic tried numerous treatments to ease Nicole's discomfort, including wearing a shoulder support, injecting the right trapezius area and performing nerve blocks. The treatments initially were successful, but Nicole's pain always returned over time. On October 2, 1996, another MRI was performed, which results again were normal. Dr. Snatic referred Nicole to Dr. Julius Weisberg, a neurosurgeon, for another evaluation.

Dr. Weisberg, in conjunction with Dr. Charles Aprill (a radiologist), concluded she suffered from a joint problem. When injections to the joint area were only temporarily successful, Dr. Weisberg recommended a cervical median branch neurotomy to denerve the area around the joint to relieve the pain. The surgery was only partially successful and the pain returned. At that point, Dr. Weisberg returned Nicole to Dr. Snatic's care and recommended she undergo therapy to the trigger point in the right trapezius area.

Dr. Snatic referred Nicole to Dr. Wayne Lindemann for the recommended therapy which included two more nerve blocks. She also received trigger point therapy for a seven month period beginning in April, 1998. Nicole's shoulder pain continued, but her headache problems improved. According to Dr. Snatic, Nicole became more depressed over time and he performed a pain profile to determine if she needed psychiatric care. The profile indicators were positive, prompting Dr. Snatic to refer Nicole to Dr. James Blackburn, a psychiatrist.

Dr. Blackburn began seeing Nicole in October, 1998 continuing through the trial. He felt she suffered from myofascial pain syndrome. He placed her on anti-depressant medication. Dr. Blackburn recommended Nicole see Dr. Morrow one more time to insure there was nothing surgically available to relieve her condition. Dr. Blackburn testified Nicole's depression is directly related to her chronic pain, and if *901 the pain were eliminated so would the depression. At the time of trial, Dr. Blackburn felt she had improved, but her depression still required treatment.

On January 21, 1999, Dr. Randall Lea, an orthopedist, performed an independent medical examination of Nicole. While he found she has "some" medical problems with accompanying discomfort, Dr. Lea did not believe she has a major cervical problem. He also found Nicole engaged in symptom magnification, although he did not believe it was intentional.

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Cite This Page — Counsel Stack

Bluebook (online)
772 So. 2d 897, 2000 WL 1693808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thibodeaux-v-bernard-lactapp-2000.