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Conner v. Stelly10/30/2002
AFFIRMED.
In this medical malpractice case, defendant, Louisiana Patient's Compensation Fund ("PCF"), appeals a judgment pursuant to a jury verdict which awarded Jerrilyn Conner $200,000.00 in pain and suffering, $50,000.00 for loss of enjoyment of life, $12,431.12 for medical expenses incurred during pregnancy and delivery, and $200,000.00 for Ms. Conner's emotional and mental distress, due to a failed tubal ligation, resulting in the birth of premature twin boys who were diagnosed with cerebral palsy. The PCF claims these damages are excessive.
The jury found that future medical expenses on behalf of the twins were not reasonably foreseeable. Ms. Conner answers the PCF's appeal and entreats us to increase the award for loss of enjoyment of life and to award damages for the future medical expenses of the twins.
We affirm.
I.
ISSUES
We shall consider:
(1) whether, under the circumstances of this case, the development of cerebral palsy was within the scope of the duty owed by Dr. Stelly to Ms. Conner or the twins. In other words, was Dr. Stelly's negligence a legal cause of the damages?
(2) whether the awards to Ms. Conner were excessive;
(3) the failure to apportion fault to Ms. Conner;
(4) the failure to exclude the testimony of the plaintiffs' expert witness;
(5) the validity of a "wrongful birth" or "wrongful life" cause of action in Louisiana; and,
(6) the assessment of costs by the trial court.
II.
FACTS AND PROCEDURAL HISTORY
On September 17, 1996, Jerrilyn Conner gave birth to her fourth child, Raven Conner, at Lake Area Medical Center in Lake Charles, Louisiana. Dr. Howard M. Stelly delivered her baby. Upon delivery, Dr. Stelly, at the request of Ms. Conner, performed a post partal bilateral tubal ligation to prevent any further pregnancies. The tubal ligation required cutting both fallopian tubes and simultaneously tying them to prevent further child birth. After reading the pathology report, Dr. Stelly discovered that the lumen, the interior lining of the right tube, was not cut. As a result, the tubal ligation was incomplete. Dr. Stelly did not inform Ms. Conner of the results of the pathology report. Moreover, Ms. Conner believed that the ligation was a success.
In March of 1997, Ms. Conner discovered, through the use of a home pregnancy test, that she was pregnant. At this time, Conner resided in Fort Bragg, North Carolina, with her husband, Jerone Conner , and her four children. (Mr. Conner, a member of the armed forces, was stationed at the local army base). A doctor's examination later confirmed that Ms. Conner was in fact pregnant. Conner was sent directly to Womack Hospital, an Army hospital, where other tests were performed. A vaginal ultrasound indicated that Ms. Conner was pregnant with twins. Upon receiving this information, Conner contacted Dr. Stelly's office to inform him that she was pregnant again. Each time she called she spoke with Dr. Stelly's secretary; however, she never spoke with him directly. Dr. Stelly never returned her phone calls.
Prior to delivery of the twins, Conner, who was unprepared to have any more children, decided to travel to Louisiana to obtain assistance in caring for the twins. Conner was aware that it would be difficult for her to care for six children without any help. Her maternal grandmother was willing to come to North Carolina to help her; however, the Conners would have to transport her there. Conner informed her physician, Dr. Miles E. Wilson, that she would have to travel to Louisiana to bring her grandmother to Nor
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