 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Carpenter v. Hannan3/28/2002
Following a jury trial in this medical malpractice action, a verdict was returned in favor of the plaintiffs. The Louisiana Patients' Compensation Fund ("PCF") filed a motion for new trial, which was denied by the trial court. This appeal by the PCF followed.
FACTS
Kristen Danielle Carpenter was born on June 16, 1987. Her treating pediatrician at the time was Dr. Gerald V. Hannan, who first saw Kristen on June 30, 1987. Kristen's parents, Daryl Wayne Carpenter and Elizabeth Y. Carpenter, indicated that during the first eighteen months of Kristen's life, they advised Dr. Hannan that Kristen had an apparent leg length discrepancy, asymmetrical skin folds in her upper inner right thigh, and a turned out foot. Dr. Hannan testified that he did not recall any conversations with Kristen's parents concerning the above complaints.
Dr. Hannan noted that in November of 1988, Kristen's right foot was turned out at about 20 to 30 degrees when she walked, but indicated that this was a "typical amount of turning out" for a child her age. He further added that he found no significant deviation in leg length and no abnormal fat roll in Kristen's right upper thigh. It was not until January 3, 1989, that Dr. Hannan noticed an "obvious turning" of Kristen's leg. During this office visit, Elizabeth Carpenter initiated a discussion about bringing Kristen to Dr. Charles Strange, an orthopedic surgeon, for consultation. Dr. Hannan testified that at this time, he suspected Kristen had a dislocated hip but did not relay his suspicions to Kristen's parents. Rather, he referred Kristen to Dr. Strange, who, on January 4, 1989, diagnosed Kristen as having a dislocated right hip. Dr. Strange subsequently referred Kristen to Dr. James T. Bennett, who specializes in pediatric orthopedics.
Over the next two years, Kristen underwent a course of treatment that consisted of the following: 1) traction for approximately one month; 2) a closed reduction of the right hip and a percutaneous right adductor tenotomy with the application of two Spica body casts, each of which remained on for a period of six weeks; 3) the application of an Ilfeld brace (a brace with a bar in between the legs to keep the legs apart) that was worn twenty-four hours a day for approximately seven months and then only at night for another six months; 4) a Salter osteotomy with the insertion of threaded pins and the application of a Spica body cast for six weeks; and 5) the application of an abduction brace (similar to the Ilfeld brace) for a period of ten weeks.
PROCEDURAL HISTORY
On January 2, 1990, the Carpenters, individually and on behalf of Kristen, filed a complaint and request for medical review panel against Dr. Hannan. By agreement of the parties, the panel proceeding was waived and the instant suit was instituted against Dr. Hannan and his insurance carrier, Louisiana Medical Mutual Insurance Company; wherein it was alleged that Dr. Hannan failed to exercise the requisite degree of care in treating Kristen and in failing to diagnose Kristen's dislocated hip. A settlement was ultimately reached between the parties whereby Louisiana Medical Mutual Insurance Company paid the Carpenters $99,000.00 on behalf of Dr. Hannan. In a petition requesting judicial approval of the settlement, the Carpenters named the PCF as a defendant. The settlement was approved by the court, and it was ordered that the proceeds of the settlement be distributed as follows: 70 percent to Kristen's tutor on her behalf, 15 percent to Daryl Carpenter, and 15 percent to Elizabeth Carpenter. Subsequently, the Carpenters' claim, as it pertained to the PCF, proceeded to trial.
Following a jury trial in November of 19
Page 1 2 3 4 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|