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Baker v. Williams8/28/2002
AFFIRMED.
This medical malpractice action involves three consolidated cases. Plaintiffs, James and Shirley Baker, individually and on behalf of their minor children Bobby Joe, Daniel James, and Caitlin Goldie Baker, appeal decisions of the district court granting Defendants, Dr. Louis C. Blanda's and his physician's assistant, Jeffery Allan Williams's, motions for summary judgment on the issue of informed consent. Also on appeal is a decision of the district court granting Defendants, Spine Tech Surgical, Inc.'s and Sulzer Spine-Tech, Inc.'s (referred to, collectively, as Spine Tech), exception of prescription. Because the allegations raised in all the cases are so closely interwoven, we will discuss all the actions in this opinion.
This case (02-67) has as its parties Plaintiffs, James and Shirley Baker, et al and Jeffery Allan Williams, P.A. as Defendant. We affirm the judgments of the trial court.
FACTS
Plaintiff, James Baker, was injured in a work-related accident on September 30, 1996. In the course of his medical care, on December 5, 1996, he sought treatment from Defendant, Dr. Louis C. Blanda, an orthopaedic surgeon. Dr. Blanda is assisted in his practice by Defendant, Jeffery Williams, a licensed Physician's Assistant (P.A.). Dr. Blanda recommended surgery.
The surgery was originally scheduled for January 1997, but, due to weather or travel difficulties, was postponed until March 5, 1997. On February 27, 1997, Mr. Baker went to Dr. Blanda's office where the up-coming surgery was discussed and a consent form signed. That consent form made no mention of the possible implantation of BAK cages to assist in stabilizing Mr. Baker's spine. The morning of the surgery, Dr. Blanda instructed Mr. Williams to have a second consent form executed by Mr. Baker. That consent form specifically provided for the possible use of BAK cages.
Dr. Blanda's discharge summary indicates that Mr. Baker underwent a "Lumbar laminectomy and decompression [at L5/S1] with interbody fusion using BAK cages and fusion performed with local bone graft." The operation was apparently routine, and Mr. Baker was discharged from Lafayette General Hospital on March 9, 1997.
One to two weeks later, Mr. Baker experienced dizziness and loss of consciousness which Mr. Baker described as a stroke. A few weeks later, Mr. Baker's symptoms in his back and legs began to worsen. He was eventually diagnosed with "failed back" syndrome, i.e., for some unknown reason the fusion was unsuccessful. The suits which make up this action were filed following an unfavorable finding (to Mr. Baker) by a medical review panel. Named as Defendants were Jeffery A. Williams, P.A., in suit 98-2377 (our number 02-67); Spine Tech, in suit 98-5580 (our number 02-68); and Dr. Louis C. Blanda and Lafayette General Hospital (correctly Lafayette General Medical Center and hereafter referred to as Lafayette General) , in suit 2000-373 (our number 02-69). The suit against Mr. Williams was limited to allegations of lack of informed consent. The suit against Spine Tech alleged lack of consent to the use of the BAK cages and made claims under Louisiana's product liability laws. The third suit, which names Dr. Louis Blanda and Lafayette General as Defendants, alleged lack of consent to a fusion and implantation of the BAK cages, misuse of an experimental device, and deviation from an acceptable standard of care. Louisiana Workers' Compensation Corporation intervened in all three suits seeking subrogation for the workers' compensation benefits paid to or on behalf of Mr. Baker.
All of the suits were dismissed by the trial court via motions for summary judgment except Spine Tech's suit
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