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LaBiche v. Louisiana Patients' Compensation Fund Oversight Board2/18/2000
On August 23, 1991, Rhonda Labiche sustained a cardiorespiratory arrest and has remained in a coma since that date. She was originally hospitalized at Slidell Memorial Hospital, but on December 30, 1991, she was transferred to Montelepre Long Term Care Facility. Plaintiff, Michael Labiche, Mrs. Labiche's husband, filed a claim on January 9, 1992, alleging medical negligence by Mrs. Labiche's physician. On May 6, 1992, Mr. Labiche moved his wife home and began to provide her with custodial care.
A decision by the medical review panel found Mrs. Labiche's physician had deviated from the appropriate standard of care, and Mr. Labiche filed suit in federal court, based on diversity jurisdiction. Mr. Labiche agreed to a settlement wherein he released the physician and the Louisiana Patients' Compensation Fund (the Fund) from "any and all claims". The federal court approved the settlement, and on July 22, 1993, Mr. Labiche's claim was dismissed.
On November 1, 1993, Egan Health Care Services began to provide custodial care for Mrs. Labiche at her home. Mr. Labiche subsequently filed a claim with the Fund for the costs of custodial care he provided to his wife at their home from May 6, 1992 until November 1, 1993. After two hearings, the Louisiana Patients' Compensation Fund Oversight Board (the Board) awarded Mr. Labiche costs for custodial care he had supplied his wife for the time period July 22, 1993 through November 1, 1993, at a rate of $6.00 per hour, for sixteen hours per day. The Board denied his claim for custodial care costs from May 6, 1992 until July 22, 1993, finding his release "more likely than not, encompassed" these costs.
Originally, plaintiff sought review of the Board's decision in federal court, presuming jurisdiction remained there based on that court's approval of the earlier settlement agreement in the original malpractice action.
However, the federal court ordered the request for review dismissed based on lack of subject matter jurisdiction. The federal court held the Louisiana Administrative Procedures Act, La. R.S. 49:950 et seq., placed subject matter jurisdiction in the district court.
Plaintiff, therefore, then sought review of the Board's decision in the 19th Judicial District Court, naming both the Board and the Fund as defendants. The Fund filed a declinatory exception raising the objection of lack of subject matter jurisdiction and a peremptory exception raising the objections of prescription, no cause of action and res judicata. The district court denied the Fund's exceptions of lack of subject matter jurisdiction and prescription and granted the exceptions of no cause of action and res judicata, dismissing plaintiff's petition based on the release by Mr. Labiche.
This court, in Labiche v. Louisiana Patients' Compensation Fund Oversight Board, 96-1310 (La.App. 1 Cir. 5/9/97), 699 So.2d 408, affirmed the district court's dismissal of plaintiff's petition based upon the court's own exception raising the objection of peremption. This court held the period of time fixed by the governing statute for review of the Board's decisions is peremptive, rather than prescriptive. As peremptive, it was not subject to interruption by plaintiff's filing in federal court and was untimely when filed in district court. Labiche, 96-1310 at 4, 699 So.2d at 410. The Louisiana Supreme Court reversed and remanded this matter back to the district court, holding the plaintiff's petition was timely. Labiche v. Louisiana Patient's Compensation Fund Oversight Board, 97-2765, p.1 (La. 2/20/98), 706 So.2d 428.
Upon remand, the Fund and the Board filed peremptory exceptions raising the objections of res judicata and no cause o
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