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Leblanc v. St. Paul Fire and Marine Insurance Co.9/6/2000
r of two, was very active before her injuries. She was healthy, did not wear glasses and her eyes were normal. She testified her self perception was positive; and she was satisfied with her image. Since the onset of Grave's Disease, LeBlanc's eyes abnormally bulge from their sockets. She had difficulty closing her eyes, causing the surface to dry and ulcerate. She had double vision and developed elevated pressure in her eyes which caused secondary glaucoma. Fearing she might possibly lose her eyesight, Dr. Harper performed corrective surgery on her eyes. Both Dr. Harper and Dr. Silverberg believe LeBlanc's condition is very severe. Dr. Harper testified even after three corrective surgeries, LeBlanc remains "significantly disfigured" because of her protruding eyes.
LeBlanc testified she is so embarrassed by her appearance, she no longer goes outside. She quit coaching her children's soccer team because of the embarrassment she felt her appearance caused them. Her husband testified she no longer takes pictures with the family.
Even after the three surgeries, LeBlanc continued to have thyroid complications. Her treating physicians recommended that she undergo radiation treatment on her eyes and thyroid gland. During the course of the treatment, LeBlanc was required to wear a lead apron and consume a radioactive solution. She was isolated from her family for seven days after the radiation treatments. She had to sleep by herself, without her husband and away from her kids, use a separate bathroom, and eat in a secluded place. LeBlanc will have to take thyroid medication for the rest of her life. She can no longer work in her profession as an x-ray technician because of the risks associated with repeated exposure to radiation.
Based on the circumstances in this case, and the testimony presented, we believe the jury did not abuse its vast discretion in awarding damages. The Fund cited several cases to show the damages are excessive; however, only after a finding that a jury abused its discretion in awarding damages can appellate courts consider other cases in deciding whether to modify an award.
DECREE
For the foregoing reasons, we affirm the trial court's judgment. All costs of this appeal are assessed to the Louisiana Patient's Compensation Fund.
AFFIRMED.
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