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Judalet v. Kusalavage6/21/2000
Doctors Landry and Tardo concluded that D'on's complications were more likely than not results of her premature birth.
Dr. Coulon's testimony reveals that D'on developed hydrocephalus (a backup of spinal fluid in the head) shortly after her birth. He imparted that hydrocephalus is medically related to premature birth; the relationship being hemorrhage, which is more common among premature infants. Dr. Coulon associated D'on's brain damage to her respiratory distress. According to the doctor's discussion of D'on's motor skills, she is functioning roughly five months below her age. An assessment of her mental or cognitive skills shows that D'on is seven to eight months below the normal child at her age. Dr. Coulon further asserted that D'on has suffered permanent brain damage. She can live a functional, but qualitatively limited, life because of the brain damage. D'on will have a learning disability, which will require special education, as well as physical and cognitive disabilities.
Dr. Pramanik swore that D'on's post-delivery complications, including respiratory failure, Group B Beta Streptococcus Sepsis, intraventricular hemorrhages, seizure disorder, ventriculus shunt surgeries, brain damage, global development delays and other physical complications, are significantly related to her premature birth and the prolonged rupture of membranes (approximately twenty-one hours). Based on respected studies, Dr. Pramanik concluded that D'on had in excess of six times the risk of the complications for which she suffers as compared to a full term, appropriate weight for a gestational age child, without the presence of a prolonged rupture of membranes.
Dr. Klein agreed with Dr. Pramanik and associated the cause of D'on's Group B Streptococcal Sepsis with her premature birth and the prolonged rupture of membranes by noting that there is a significant relationship between prematurity and prolonged rupture of membranes and the types of complications suffered by D'on. Dr. Klein confirmed Dr. Pramanik's finding that D'on had an increased risk of Group B Strep Sepsis as compared to a full term, appropriate weight for gestational age child, without the presence of a prolonged rupture of membranes.
Based on the foregoing deposition testimonies and affidavits, we find there are no genuine issues of material facts on the issues of causation and damages flowing from the admitted malpractice.
IV.
CONCLUSION
Based on the foregoing reasons, we find that the trial court did not err in determining that there are no genuine issues of material facts regarding prematurity and causation of damages in excess of $100,000. Bobby and Debra Judalet, individually and on behalf of their daughter, D'on Renee Judalet, are entitled to general damages in the amount of $500,000, less a credit of $100,000, plus interest and costs.
All costs of this appeal are assessed to the Patients' Compensation Fund.
AFFIRMED.
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