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Conner v. Stelly10/30/2002
otched tubal ligation would result in cerebral palsy. We agree legally that Pitre permits a cause of action when the parents can demonstrate that the doctor could have reasonably foreseen that a defect would arise from the botched tubal ligation.
Assessing Costs
The PCF complains that the costs were excessive and that the plaintiff should have been sanctioned for requesting such costs. The Fund is particularly at issue that costs were assessed for the depositions of Dr. Voogt and Dr. Rice, which were not used at trial. We find that these costs were reasonable.
Under La.R.S. 13:4533, entitled "Cost of officers, depositions, etc., taxed as costs, he costs of the clerk, sheriff, witness' fees, costs of taking depositions and copies of acts used on the trial, and all other costs allowed by the court, shall be taxed as costs." (Emphasis added).
Dr. Voogt's and Dr. Rice's deposition testimonies were not used at trial because the court determined that Dr. Cooper's testimony sufficiently demonstrated that the Conner twins would need medical care in the future. Additionally, editing of Dr. Voogt's video deposition was required. The court found that it was not necessary to enter these depositions into evidence. However, the depositions were prepared and available for introduction at the time of trial. As a result, plaintiffs should not be sanctioned for requesting such costs.
IV.
CONCLUSION
For the foregoing reasons, the judgment of the trial court, awarding Jerrilyn Conner $462,431.12 in damages, is affirmed. We decline to increase the award to Ms. Conner for loss of enjoyment of life and conclude that an award of damages for the future medical costs of the Conner twins is inappropriate. Costs of this appeal are assessed to defendant-appellant, the Louisiana Patient's Compensation Fund.
AFFIRMED.
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