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Barrilleaux v. Board of Supervisors of La. State University

Court of Appeals of Louisiana, First Circuit

April 24, 2015

JEFFERSON R. BARRILLEAUX
v.
THE BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE AS OWNER AND OPERATOR OF LSU HEALTH SCIENCES CENTER - HOUMA D/B/A LEONARD J. CHABERT MEDICAL CENTER, JONATHAN ALLEN, MD, DAYTON DABERKOW, MD, AND MICHAEL CHARLET, MD

Page 1016

On Appeal from the 32nd Judicial District Court, In and for the Parish of Terrebonne State of Louisiana. No. 166290, Div. D. The Honorable David W. Arceneaux, Judge Presiding.

Eric E. Helm, Benjamin P. Mouton, Baton Rouge, Louisiana and Michael L. Barras, New Iberia, Louisiana, Attorney for Plaintiff/Appellant, Carly Rose Thomas.

Matthew Block Thibodaux, Louisiana, Attorney for Defendant/Appellee, LSU Health Sciences Center -- Houma d/b/a Leonard J. Chabert Medical Center.

John D. Schooneberg, Barry J. Boudreaux, Houma, Louisiana, Attorney for Defendant/Appellee, Dr. Sharon Bass, MD.

BEFORE: GUIDRY, THERIOT, AND DRAKE, JJ.

OPINION

Page 1017

[2014 1173 La.App. 1 Cir. 2] DRAKE, J.

Plaintiff appeals a final judgment of the district court which dismissed the defendant, Dr. Sharon Bass, with prejudice. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

This case involves a medical malpractice claim arising from injuries sustained by the plaintiff/appellant, Jefferson R. Barrilleaux, following treatment he received in March and April 2009 at Leonard J. Chabert Medical Center. Mr. Barrilleaux filed a medical malpractice claim with the Commissioner of Administration in accordance with the Louisiana Medical Malpractice Act, La. R.S. 40:1299.41 et seq., naming The Board of Supervisors of Louisiana State University and Agricultural and Mechanical College as owner and operator of LSU Health Sciences Center-Houma d/b/a Leonard J. Chabert Medical Center (" Chabert Medical Center" ), Dr. Jonathan Allen, Dr. Dayton Daberkow, and Dr. Michael Charlet as defendants. A medical review panel was convened and concluded that there was a deviation from the standard of care by Chabert Medical Center and its employees.

On March 15, 2012, Mr. Barrilleaux filed a second medical malpractice claim, naming Dr. Sharon Bass as a defendant and asserting claims of malpractice arising out of treatment he received by Dr. Bass on April 13, 2009, after his treatment at Chabert Medical Center. On June 6, 2013, a medical review panel unanimously concluded that there was no deviation from the standard of care by Dr. Bass.

On March 23, 2012, Mr. Barrilleaux filed a suit for damages, naming as defendants Chabert Medical Center, Dr. Allen, Dr. Daberkow, and Dr. Charlet, making the same allegations against them as presented before the medical review [2014 1173 La.App. 1 Cir. 3] panel.[1] Following a motion for a partial dismissal filed by Mr. Barrilleaux, the district court dismissed Dr. Allen, Dr. Daberkow, and Dr. Charlet, with Mr. Barrilleaux reserving his right to proceed against Chabert Medical Center.

On October 8, 2013, Mr. Barrilleaux filed his first supplemental and amending petition for damages, adding Dr. Bass as a defendant. In response, on February 28, 2014, Dr. Bass filed a motion for summary judgment to which she attached a statement of undisputed material facts, a memorandum in support, and three exhibits: a

Page 1018

copy of the medical malpractice complaint filed against her; the opinion of the medical review panel; and Mr. Barrilleaux's response to her requests for admission, in which Mr. Barrilleaux admitted that he had no expert to establish that Dr. Bass deviated from the standard of care in her treatment of him. Dr. Bass requested that the district court grant summary judgment in her favor and dismissal from the suit with prejudice, ...


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