Wise v. Nanda

211 So. 3d 629
CourtLouisiana Court of Appeal
DecidedDecember 28, 2016
DocketNo. 50,944-CA, No. 50,945-CA
StatusPublished
Cited by1 cases

This text of 211 So. 3d 629 (Wise v. Nanda) 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
Wise v. Nanda, 211 So. 3d 629 (La. Ct. App. 2016).

Opinion

DREW J.

hln this medical malpractice lawsuit, Louisiana State University Health Sciences Center in Shreveport appeals a judgment awarding $1,455,740 for future medical care and related benefits from the date of injury to the date of the verdict, and awarding $517,000 in economic damages.

We reduce the amount awarded for future medical care and related benefits. In all other respects, the judgment is AFFIRMED.

FACTS

After Barbara Wise had been complaining of right shoulder weakness, she was seen by Dr. Anil Nanda, a neurosurgeon who agreed to perform a decompressive cervical laminectomy.

Dr. Nanda first attempted to operate on Barbara on July 6, 2007, but her positioning made it too difficult to continue. A second surgery was attempted on July 9, with Barbara now in a sitting position. During the course of the surgery, Dr. Nanda made a small tear in the dura at level C5-6. The dura is a membrane that covers the spinal cord and the cerebral spinal fluid. Dr. Nanda tried to repair the tear with glue.

Following the surgery, Barbara experienced neurological weakness in her upper and lower extremities. Barbara and her husband, Nathan, were concerned about Barbara’s condition, but Dr. Nanda reassured them that her condition was not unusual and she would soon be back to normal.

On July 23, Barbara was discharged to Promise Specialty Hospital, which treats patients with weak extremities. Dr. Nanda ordered an MRI to be done on August 6. That MRI showed an extensive collection of fluid that was putting pressure on her spinal cord.

| ¡¿Barbara was transferred to Willis— Knighton Hospital on August 7, and two days later, Dr. Nanda performed surgery there to repair the dura tear. Barbara was left with quadriparesis, which is weakness in all four extremities. Barbara returned to Promise on August 31 for continued medical management.

Barbara was admitted to Willis-Knigh-ton on November 7, 2007, for aggressive rehabilitation, and discharged on November 27.

After being home for a few weeks, Barbara took ill on December 15 and was taken to Springhill Medical Center, where she was diagnosed as having blood clots in [632]*632her legs. She was discharged toward the end of December. Barbara was then admitted to Promise for continued comprehensive medical management and rehabilitation. She was discharged on January 18, 2008.

Lawsuit

The Wises filed separate medical malpractice claims against Dr. Nanda and LSU. The lawsuits were later consolidated. The Medical Review Panel found no violation of the standard of care by Dr. Nanda or LSU.

The matter proceeded to trial by jury in August of 2014. On August 13, the jury found LSU was negligent in the treatment of Barbara and that this negligence was a substantial factor in contributing to the damage she sustained. The jury awarded the following damages: (1) $1,455,740.00 for future medical care and related benefits from the date of injury to the date of the verdict; (2) $1,054,776.00 for future medical expenses and related benefits from the date of the verdict forward; (3) $517,00 for economic loss; and (4) $250,000 for Barbara’s pain and suffering. Those awards were to be |ssubject to the following allocations of fault: LSU-65%, Barbara-10%, and third party-25%.

LSU has appealed, contesting only the award for future medical care and related benefits between the date of injury and the date of the verdict, and the award for economic loss.

DISCUSSION

Regarding the appellate review of an award of general damages, our supreme court has stated:

It is well-settled that vast discretion is accorded to the trier of fact in fixing general damage awards. La. Civ. Code art. 2324.1; Duncan v. Kansas City Southern Railway Co., 00-0066 (La. 10/30/00), 773 So.2d 670. This vast discretion is such that an appellate court should rarely disturb an award of general damages. Youn v. Maritime Overseas Corp., 623 So.2d 1257, 1261 (La.1993), cert. denied, 510 U.S. 1114, 114 S.Ct. 1059, 127 L.Ed.2d 379 (1994). Thus, the role of the appellate court in reviewing general damage awards is not to decide what it considers to be an appropriate award, but rather to review the exercise of discretion by the trier of fact. Youn, 623 So.2d at 1260.
The initial inquiry, in reviewing an award of general damages, is whether the trier of fact abused its discretion in assessing the amount of damages. Cone v. National Emergency Serv. Inc., 99-0934 (La. 10/29/99), 747 So.2d 1085, 1089; Reck v. Stevens, 373 So.2d 498 (La. 1979). Only after a determination that the trier of fact has abused its “much discretion” is a resort to prior awards appropriate, and then only for the purpose of determining the highest or lowest point which is reasonably within that discretion. Coco v. Winston Indus., Inc., 341 So.2d 332 (La. 1976).

Purvis v. Grant Parish School Bd., 2013-1424, pp. 6-7 (La. 2/14/14), 144 So.3d 922, 927-8.

Regarding the appellate review of an award for special damages, our supreme court has stated:

Special damages are those which have a “ready market value,” such that the amount of the damages theoretically may be determined with relative certainty, including medical expenses 14and lost wages. McGee v. A C and S, Inc., 05-1036 (La. 7/10/06), 933 So.2d 770. In reviewing a jury’s factual conclusions with regard to special damages, an appellate court must satisfy a two-step process based on the record as a whole: There must be no reasonable factual [633]*633basis for the trial court’s conclusions, and the finding must be clearly wrong. Guillory v. Ins. Co. of North America, 96-1084 (La. 4/8/97), 692 So.2d 1029.

Kaiser v. Hardin, 2006-2092, pp.11-12 (La. 4/11/07), 953 So.2d 802, 810.

I. Damages for future medical care and related benefits

LSU argues the jury committed manifest error in awarding the amount of $1,455,740 for future medical care and related benefits from the date of injury to the date of the verdict.

La. R.S. 40:1237.1, formerly cited as La. R.S. 40:1299.39, provides:

(2) “Future medical care and related benefits” for the purposes of this Section, means all reasonable medical, surgical, hospitalization, physical rehabilitation, and custodial services, including drugs, prosthetic devices, and other similar materials reasonably necessary in the provision of such services, to which the injured patient is entitled under the provisions of this Section and which each injured patient needs after the date of the injury. “Future medical care and related benefits” as used in this Section shall not be construed to mean nonessential specialty items, or devices of convenience.

“Future medical care and related benefits” encompasses all past, present, and future medical and related care services necessitated by a qualified health care provider’s negligence, not just what is usually thought of as “future” medical needs. Kelty v. Brumfield, 93-1142 (La. 2/25/94), 633 So.2d 1210.

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211 So. 3d 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wise-v-nanda-lactapp-2016.