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Penn v. Carepoint Partners of La., L.L.C.

Court of Appeals of Louisiana, First Circuit

July 30, 2015

DANNY PENN
v.
CAREPOINT PARTNERS OF LOUISIANA, L.L.C. AND/OR THE INFUSION NETWORK OF LOUISIANA, INC. DBA CAREPOINT PARTNERS

          On Appeal from the 19th Judicial District Court, In and for the Parish of East Baton Rouge, State of Louisiana. Trial Court No. C606417. Honorable Timothy Kelley, Judge Presiding.

         Patrick R. Jackson, Jeffery F. Speer, Lafayette, LA, for Plaintiff-Appellant, Danny Penn.

         Douglas K. Williams, Jordan L. Faircloth, Cullen J. Dupuy, Thomas R. Temple, Jr., Baton Rouge, LA, for Defendant-Appellee, Our Lady of the Lake Regional Medical Center.

         BEFORE: McCLENDON, HIGGINBOTHAM, AND THERIOT, JJ. McClendon, J. concurs with the result reached by the majority.

          OPINION

Page 27

          [2014 1621 La.App. 1 Cir. 2] HIGGINBOTHAM, J.

         In this medical malpractice action, plaintiff, Danny Penn, appeals the district court's grant of a motion to strike and motion for summary judgment in favor of the defendant, Our Lady of the Lake Regional Medical Center (" OLOL" ).

         FACTS AND PROCEDURAL HISTORY

         On October 28, 2010, plaintiff consulted Dr. Carl Luikart due to fever and night sweats after a colonoscopy performed on September 30, 2010. Plaintiff was admitted to OLOL on October 29, 2010, and treated for possible Enterococcal Endocarditis. Plaintiff was treated with antibiotics, including Gentamicin, and he was discharged on November 1, 2010. After discharge, CarePoint Partners of Louisiana, L.L.C. (" CarePoint" ) administered plaintiff's home infusion treatments of Gentamicin.

Page 28

          Plaintiff complained of dizziness, nausea, and symptoms of vertigo from November 17, 2010, through December 3, 2010. Dr. Luikart and CarePoint were notified of plaintiff's complaints, and his Gentamicin was discontinued on December 3, 2010. On December 20, 2010, plaintiff was readmitted to OLOL and observed by Drs. John McLachlan and William Gladney. After his discharge on December 23, 2010, he began treatment with Dr. Moises Arriaga and was diagnosed with Dandy's Syndrome.

         In July 2011, plaintiff filed a medical malpractice complaint with the Patient Compensation Fund alleging malpractice and contending that his injuries would not have occurred but for the negligence of Dr. Luikart, OLOL, and CarePoint and that there were " serious deviations in the standards of care relating [to] the prescribing, administering, and monitoring of Gentamicin, which were done by Dr. Luikart as well as [CarePoint], the dispensing pharmacists."

         [2014 1621 La.App. 1 Cir. 3] On October 31, 2011, plaintiff filed a petition for damages against CarePoint and/or The Infusion Network of Louisiana, Inc. d/b/a CarePoint to recover damages sustained while he was under its care. In January 2013, a medical review panel found that the evidence did not support the conclusion that Dr. Luikart and OLOL failed to meet the applicable standard of care as charged in plaintiff's complaint. As to OLOL, the panel found no fault with the care rendered by the nurses nor any other employees of the hospital. On April 11, 2013, plaintiff filed a supplemental and amending petition adding as defendants Dr. Luikart and OLOL and alleging that Dr. Luikart was at fault for, among other things, treating plaintiff with an excessive dose of Gentamicin. The supplemental petition further alleged:

The sole and proximate cause of the above-described injuries is the grossly negligent acts and/or inactions of Defendant, OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, is specifically but not exclusively, averred to be as follows:
1.) Failure of [OLOL], and [its] staff and employees, through its administration, to properly monitor the actions and abilities of its staff and employees;
2.) Failure to have adequate written policy and implemented it, in order to insure coordination of the care of the discharging ...

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