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Ceasar v. Barry2/2/2005
nied, 95-2751 (La. 1/26/96), 666 So.2d 676.
The jurisprudence and statutory language compel the assessment of interest against the Fund for the full amount of the judgment up to April 1, 1991, the date on which health care providers became responsible for the payment of interest in all malpractice judgments and settlements rendered against them. After that date, the Fund is liable for interest only on the amount of any excess judgment rendered against it.
Finally, we have considered the plaintiffs' request for frivolous appeal damages. Although we recognize the distress caused by the continued delay of this matter, we nonetheless decline to award frivolous appeal damages in this instance, where the Fund was previously successful in its appeal of the same issues presented herein. We will not hesitate to revisit this issue in the future, however, should we be presented with it again.
For the above and foregoing reasons, the judgment of the trial court is amended so as to award interest on the total $500,000.00 award of damages, such interest on the first $100,000.00 to run from the date of the request for review of the claim by a medical review panel up to April 1, 1991, and on the remaining $400,000.00 to run from the date of the request for panel review until paid. In all other respects, the judgment appealed from is affirmed. Costs of the appeal are assessed to the Fund.
AFFIRMED AS AMENDED.
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