Wrongful Death

Louisiana Medical Malpractice: When the Mailbox Rule Doesn’t Deliver

Published on: September 28, 2024 | By Berniard Law Firm

pexels-karolina-grabowska-4021775-scaled Filing a medical malpractice claim in Louisiana involves navigating a complex process, including meeting strict deadlines. One crucial step is timely paying the filing fee to the Patient’s Compensation Fund Oversight Board (PCF Board). But does the “mailbox rule” apply to these payments? A recent Louisiana Court of Appeal case, In re: Medical Malpractice Review Panel Proceedings of Tiffany Anderson, grappled with this question, highlighting the importance of understanding the nuances of the law and the potential consequences of missed deadlines.

Tiffany Anderson’s Case:

Tiffany Anderson filed a request for a medical review panel with the PCF Board alleging medical malpractice. She mailed the required filing fee within the 45-day deadline, but the payment was not received by the PCF Board until after the deadline. The PCF Board declared her claim invalid, and the district court upheld this decision. Anderson appealed.

Louisiana Court Reverses Summary Judgment in Medical Malpractice Case, Highlighting Importance of Fact-Finding in Proving Negligence

Published on: September 17, 2024 | By Berniard Law Firm

pexels-jonathanborba-3279197-1-scaled In a significant development for medical malpractice litigation in Louisiana, the Fourth Circuit Court of Appeal recently reversed a summary judgment, underscoring the importance of thorough fact-finding and the potential need for expert testimony in such cases. The case, Diana Deruise-Pierce v. University Healthcare System, L.C., et al., underscores the necessity of thorough fact-finding and the potential need for expert testimony in medical malpractice cases, even when negligence appears evident.

Case Overview:

The lawsuit stemmed from the treatment rendered to Mr. Pierce at University Medical Center in New Orleans. Mr. Pierce was admitted for a medical procedure, but his condition deteriorated overnight. Despite this, the medical team proceeded with the planned procedure.

Louisiana Court Grapples with Complexities of Adoption in Wrongful Death Case

Published on: September 16, 2024 | By Berniard Law Firm

pexels-fotios-photos-1909015-scaled A recent ruling by the Louisiana Court of Appeal, Third Circuit, has shed light on the complex interplay between adoption and the right to file wrongful death and survival actions. The consolidated cases, stemming from a tragic car accident that claimed the lives of Richard Stewart, Jr., and his two minor children, raised questions about whether adopted children and biological half-siblings can pursue such claims.

The accident resulted in the deaths of Richard Stewart, Jr., and his two minor children. Mr. Stewart was survived by his wife, Lisa Stewart, and two adult sons, Daniel Goins and David Watts, who were adopted as minors. Additionally, the deceased minor children had a biological mother, Brandi Hardie, who was not a party to the lawsuits.

Following the accident, multiple survival and wrongful death actions were filed. The central issue was whether Goins and Watts, as adopted children and biological half-siblings, had the right to bring these claims.

Louisiana Court Upholds Prescription in Wrongful Death Suit, Highlights Joint Tortfeasor Rule

Published on: September 12, 2024 | By Berniard Law Firm

pexels-bentonphotocinema-1095601-scaled A recent ruling by the Louisiana Court of Appeal has shed light on the complexities of prescription (the state’s equivalent of a statute of limitations) and the concept of joint tortfeasors in wrongful death cases. The case, Crocker v. Baton Rouge General Medical Center, involved a tragic incident where a mentally impaired man, Jerry Sheppard, died after an altercation following his discharge from the hospital.

Jerry Sheppard was taken to the emergency room at Baton Rouge General Medical Center (BRGMC) due to hallucinations. Despite his mental impairment, he was discharged without notifying his family. Hours later, he was found wandering the streets and was fatally injured in an altercation with a homeowner, Mr. Zeno.

Jerry’s mother, Ridder Crocker, filed a lawsuit against both BRGMC and Mr. Zeno, alleging their negligence led to Jerry’s death. Mr. Zeno raised a prescription exception, arguing the lawsuit against him was filed beyond the one-year deadline. Ms. Crocker countered, claiming the timely filing of her medical malpractice claim against BRGMC suspended prescription for Mr. Zeno as a joint tortfeasor.

Coroner Not Liable for Burial of Foster Child’s Remains

Published on: August 24, 2024 | By Berniard Law Firm

pexels-brett-sayles-1000740-scaled A recent Louisiana Court of Appeal for the Fourth Circuit decision has highlighted the complex legal issues surrounding the handling of deceased individuals’ remains, particularly in the context of foster care. The case, involving the parents of a minor child who passed away while in foster care, underscores the challenges in establishing liability against a coroner for the disposition of remains.

In this case, the parents of Eli Simmons, a minor child who died while in foster care, sued various parties, including the Orleans Parish Coroner, alleging negligence in the handling of their son’s remains. The Coroner filed a motion for summary judgment, which the trial court granted, dismissing the parents’ claims.

The parents appealed, arguing that the trial court erred in its decision. However, the Court of Appeal upheld the summary judgment, finding that the parents failed to provide sufficient evidence to support their negligence claims against the Coroner.

Court of Appeal Increases Monetary Damages Award Following Workplace Injury in Monroe Beverage Facility

Published on: August 20, 2024 | By Berniard Law Firm

pexels-elevate-1267324-scaled Injuries that occur while an individual is working can devastate the injured party’s life in several ways. Not only does the injured party likely earn less money due to the injury, but other damages, such as medical expenses and loss of enjoyment of life, may also result.

James Thomas was a forklift operator for Marsala Beverage Company (“Marsala”) in Monroe, Louisiana. In addition to operating forklifts, Thomas routinely moved cases of drinks by hand and performed janitorial duties around the facility. On one occasion, when Thomas was operating a forklift to unload pallets of drinks, the forklift fell out of the back of a delivery truck, landing several feet below onto concrete.

After the fall, Thomas visited Marsala’s company doctor, Dr. George Woods, complaining of pain in his back. Dr. Woods examined Thomas and ordered x-rays, which showed no evidence of fractures in Thomas’s spine. During the visit, Thomas explained to Dr. Woods that he wanted to return to work as soon as possible to receive bonus compensation based on the number of hours he worked that week. Dr. Woods cleared Thomas to return to work, which he did even though he continued to experience back pain.

Is An Unmarried Romantic Partner Entitled to Death Benefits in Workers’ Compensation?

Published on: October 30, 2023 | By Berniard Law Firm

marriage_rings_wedding_hands-scaled It is always tragic when a loved one passes away, especially when there are children are involved. Death benefits are part of the workers’ compensation system intended to help the surviving family members when someone passes away as a result of an on-the-job accident. However, with the evolving definition of a family, there can sometimes be complicated legal issues about who is entitled to recover death benefits. This case involves a claim from a supposedly unmarried romantic partner who had a child with the worker who died in an accident at work.

Travis Chiokai died as a result of an accident at work. When he died, Chiokai was unmarried. However, Chiokai had been in a romantic relationship with Latashia Perez. Perez filed a Disputed Claim for Compensation against Chiokai’s employer, Irby Construction, as well as their insurer, Old Republic. Perez sought death benefits for herself, as well as for her unborn child. Once the child was born, DNA testing was conducted that confirmed the child’s father was Chiokai. The child subsequently received death benefits.

Irby Construction and its insurer argued Perez should not received benefits under La. R.S. 23:1253, which defines dependents who are entitled to receive death benefits. The statute explicitly states that a concubine, such as Perez, is not entitled to receive death benefits. Irby Construction and its insurer filed an exception of no right or cause of action. The Workers’ Compensation Judge denied the motion.

Failure To Investigate Does Not Suspend Time Requirement For Filing Wrongful Death Lawsuit

Published on: September 29, 2023 | By Berniard Law Firm

uranium_radioactive_nuclear_rays-scaled We have all heard the saying “time is of the essence.” This is especially true when you are filing a lawsuit. If you do not comply with the statutory requirements for how long you have to file a lawsuit, a court will be unable to hear your claim. Although certain exceptions apply that extend your timeline for filing a lawsuit, there are strict evidentiary requirements for these exceptions to apply.

Julius Lennie worked for a Company that cleaned pipes in oilfields. The cleaning process allegedly involved the emission of naturally occurring radioactive material. About fifteen years after retiring, Lennie was diagnosed with lung cancer and died shortly thereafter. Four years later, his surviving spouse and children filed a lawsuit against various companies for whom Lennie had cleaned their oilfield pipes. They claimed Lennie had been exposed to harmful levels of radiation, causing his lung cancer and death. They claimed the companies had been aware of the dangers of the radioactive materials but did not warn Lennie about the dangerous or take adequate precautions. The Lennies claimed they were not aware about the radiation exposure until less than a year before they filed their lawsuit, when one of Lennie’s children read about it in the newspaper and they met with an attorney. The Lennies claimed the companies had actively concealed the existence of the naturally occurring radioactive materials.

Because the Lennies filed their lawsuit over a year after Lennie’s death, the defendants filed peremptory exceptions of prescription, claiming they were required to have filed their lawsuit within one year of his death, pursuant to La. C.C. art. 2315.1. The Lennies claimed they did not have any actual or constructive knowledge of their claims until less than a year before they filed the lawsuit, because the companies had concealed it. The trial court granted the defendants’ peremptory exceptions of prescription, finding there was not sufficient evidence the defendants had concealed the existence of the naturally occurring radioactive material such that the Lennies did not have knowledge of their possible claims. The Lennies appealed.

Contra Non Valentem Inapplicable To Lawsuit From Lung Cancer Death

Published on: August 30, 2023 | By Berniard Law Firm

nuclear_waste_radioactive_trash-scaled Even in cases involving tragic factual situations, strict procedural requirements must be followed to prevail on your claim. This case involves the time limits in which you must file a lawsuit and the principle of contra non valentem, which is a rule that the time limit in which someone has to file a lawsuit does not start if the other person was hiding information that would allow them to bring their claim.

This case involves the tragic death of a husband and father, Julius Lennie. Tuboscope employed him for over thirty years. Various oil companies hired Tuboscope to clean and refurbish pipes and tubes used in the oilfield. The clean process involved the emission of a naturally occurring radioactive material. In 2010, after retiring, Lennie was diagnosed with lung cancer and died shortly thereafter. Almost four years later, his spouse and children filed a lawsuit against various companies that had hired Tuboscope.

His surviving family claimed Lennie had been exposed to dangerous levels of radiation while working, which caused his cancer and death. They alleged the companies knew naturally occurring radioactive materials were dangerous but had not warned Lennie or taken appropriate corrective actions. The Lennies argued they had filed the lawsuit after reading an article about radiation exposure in pipe yards, so they were not on notice of their claims until September 2013.

Hurricane Katrina Victim Finds Favor in the Louisiana Courts

Published on: June 22, 2023 | By Berniard Law Firm

hurricane_katrina_flooding_180538-scaled Hurricanes do not discriminate. Regardless of age, wealth, gender, health, or race, hurricanes are merciless to all they come in contact with. Such was the case for Ms. Taylor, who experienced the wrath of Hurricane Katrina in 2005.

Ms. Taylor had been in the care of Touro Infirmary when Hurricane Katrina struck the state of Louisiana in 2005. Taylor was 82 and had undergone radiation therapy for her lung cancer three days before Hurricane Katrina’s landfall. After radiation, Taylor complained of nausea and vomiting. Staff diagnosed her with hematemesis, nausea, vomiting, dehydration, digoxin toxicity, COPD, and lung cancer.

When Hurricane Katrina struck, the City of New Orleans experienced severe infrastructure damage, expansive power outages, and a lack of clean water. Touro also experienced generator failure, causing the building to become unbearably hot. After 72 hours, it evacuated its patients to UT Southwestern Hospital in Dallas, TX. When the patients arrived, medical staff struggled to care for them because pieces of their medical charts were missing.