DEIANCA JONES HENRY, WIFE OF/AND GLEN EDWARD HENRY, INDIVIDUALLY, AND ON BEHALF OF THEIR MINOR CHILDREN DAJAENE JONES AND ADEJA HENRY
KYLE DEREK WEISHAUPT, MIRANDA LEAH ROMERO MCGOFFIN, OCHSNER FOUNDATION HOSPITAL AND CLINIC A.K.A. OCHSNER HEALTH SYSTEM, INC., D/B/A OCHSNER HOSPITAL-ELMWOOD AND XYZ INSURANCE COMPANY
APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 719-891, DIVISION
"M" HONORABLE HENRY G. SULLIVAN, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLANT, DEIANCA JONES HENRY, WIFE
OF/AND GLEN EDWARD HENRY, INDIVIDUALLY, AND ON BEHALF OF
THEIR MINOR CHILDREN DAJAENE JONES AND ADEJA HENRY Nelson W.
Wagar, III, Sarah W. Hickman.
COUNSEL FOR DEFENDANT/APPELLEE, KYLE D. WEISHAUPT AND WAYNE
STATE UNIVERSITY Lisa A. McLachlan.
composed of Jude G. Gravois, Robert A. Chaisson, and Robert
M. MURPHY JUDGE.
Deianca Henry, wife of/and Glen Henry, individually and on
behalf of their minor children, Dajaene Jones and Adeja
Henry, have appealed the trial court's grant of summary
judgment in favor of defendants, Kyle Weishaupt and Wayne
State University. For the reasons that follow, we affirm.
AND PROCEDURAL HISTORY
medical malpractice lawsuit stems from a tragic series of
events that left Deianca Henry paralyzed. In September of
2011, Ms. Henry entered Ochsner Medical Center
("Ochsner") to undergo elective spinal surgery to
address her congenital scoliosis and kyphosis. The surgery
involved fusion of her spine from the second thoracic
vertebra to the fourth lumbar vertebra and the placement of
various types of hardware into her spine. Following a
difficult post-operative course, she was transferred to an
in-patient rehabilitation facility at Ochsner. While at this
facility, she attended daily physical therapy and
occupational therapy. On October 13, 2011, she developed pain
and weakness in her legs. On October 14, 2011, Ms. Henry was
transferred to the emergency department of Ochsner for
evaluation of the increasing weakness and numbness in her
legs. Diagnostic testing revealed that Ms. Henry had
compression of her spinal cord. By the time Ms. Henry was
taken to surgery to address the spinal cord compression, she
was unable to move her legs and had lost bowel and bladder
control. Following surgery, Ms. Henry did not regain use of
her legs or control of her bowel or bladder.
October 2012, plaintiffs filed suit against Ochsner, its
employee, supervising physical therapist, Miranda Romero
McGoffin, and Kyle Weishaupt, ("Weishaupt"), a
physical therapy student performing a clinical rotation at
Ochsner. The petition alleged that "[o]n or about
October 14, 2011, Defendant Kyle Weishaupt, while acting
within the course and scope of his employment by Defendant
Ochsner, and then in the presence of his superior, Defendant
Miranda Leah Romero McGoffin, also then acting within the
course and scope of her employment by Defendant Ochsner,
improperly and unskillfully executed a manual wheelchair
transfer technique to move Deianca Jones Henry from her
wheelchair to an exercise mat." The petition alleges
that due to Kyle Weishaupt's negligence, Ms. Henry
sustained "severe spinal injuries which were the sole,
proximate and direct cause of her damages." On October
15, 2012, plaintiffs filed a First Supplemental and Amending
Petition naming Wayne State University ("Wayne
State") as an additional defendant. This petition
alleged that at the time of this incident, Weishaupt was a
student at Wayne State, which had "failed to
competently, adequately or reasonably train and/or
educate" Weishaupt, and as such was "independently
and/or vicariously liable" for plaintiffs' damages.
January 13, 2016, the trial court approved a settlement
between Ochsner and plaintiffs pursuant to La. R.S.
40:1299.44(C), with a reservation of rights against the
Louisiana Compensation Fund. This judgment also reserved
plaintiffs' rights against Weishaupt and any entity
"other than any Ochsner entity for any ...