BRANDI BILLEAUDEAU, ET AL.
OPELOUSAS GENERAL HOSPITAL AUTHORITY, ET AL.
FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST.
LANDRY, NO. 11-C-5112-D C/W NO. 13-C-0097-D HONORABLE D.
JASON MECHE, DISTRICT JUDGE
Hadican Samuels, Tiffany A. Morales, Kara Hadican Samuels
& Associates, L.L.C. COUNSEL FOR PLAINTIFFS-APPELLANTS:
Billeaudeau, Joseph Billeaudeau, Veronica Billeaudeau,
Jennifer L. Thornton, Christian S. Chaney, Stanley, Reuter,
Ross, Thornton & Alford, L.L.C. COUNSEL FOR
Billeaudeau, Veronica Billeaudeau, Brandi Billeaudeau, Joseph
L. McReynolds John Jerry Glas Karen P. Holland, Deutsch,
Kerrigan & Stiles, L.L.P. 755 Magazine St. COUNSEL FOR
DEFENDANT-APPELLEE: Opelousas General Hospital Authority
Nicholas Gachassin, III Brandon M. Rhodes Gary J.
Delahoussaye Gachassin Law Firm, L.L.C. COUNSEL FOR
DEFENDANT-APPELLEE: Opelousas General Hospital Authority
Gregory Vidrine, Mahtook & LaFleur COUNSEL FOR
Opelousas General Hospital Authority Jacob E. Favaron Allen
& Gooch COUNSEL FOR DEFENDANTS-APPELLEES:
Kondilo Skirlis-Zavala, Louisiana Patients' Compensation
Fund, Opelousas General Hospital, George P. Hebbler, Jr.
Thomas M. Young Frances I. Mcginnis Hebbler & Giordano,
L.L.C. COUNSEL FOR DEFENDANT-APPELLEE: Nautilus Ins. Co.
composed of Billy H. Ezell, Van H. Kyzar, and Candyce G.
CANDYCE G. PERRET JUDGE
and Joseph Billeaudeau, individually and on behalf of Brandi
Billeaudeau (collectively "Plaintiffs"), appeal a
trial court judgment that granted Opelousas General Hospital
Authority's (hereinafter, "OGH") and Nautilus
Insurance Company's (collectively "Defendants")
Motion for Partial Summary Judgment finding that the
Louisiana Governmental Claims Act is controlling with respect
to Plaintiffs' claim of negligent credentialing.
Plaintiffs also appeal the trial court's judgment that
denied their Motion to Declare La.R.S. 13:5201(B)(1)
unconstitutional. For the following reasons, we affirm the
July 5, 2017 trial court judgment.
underlying facts of this case were discussed previously in
Billeaudeau v. Opelousas Gen. Hosp.,
16-846, pp. 2-3 (La. 10/19/16), 218 So.3d 513, 514-15
(footnotes omitted), as follows:
On June 20, 2010, Brandi, a woman thirty-four years of age
with Down syndrome, was taken to OGH by her parents, Veronica
and Joseph Billeaudeau, after she collapsed at home. Upon
arrival at the ED, Dr. Zavala diagnosed Brandi with focal
motor seizure. Dr. Zavala ordered the administration of
anti-seizure medication and a CT scan, which was reported as
The Billeaudeaus disagreed with the doctor's diagnosis.
Thinking their daughter had suffered a stroke, they asked
that Brandi be given tPA (t-plasminogen activator), a
treatment for stroke victims. However, according to
plaintiffs' allegations, Dr. Zavala informed them their
daughter was not a candidate for tPA. The Billeaudeaus then
requested Brandi be transferred to Our Lady of Lourdes (OLOL)
in Lafayette. Dr. Zavala arranged for Brandi's transfer
to OLOL, where she was given tPA over four hours after she
suffered what was ultimately determined to be a stroke.
Brandi survived the stroke but unfortunately suffered severe,
irreversible brain damage.
Veronica, individually and as Brandi's curatrix, along
with Joseph pursued a claim under the LMMA [Louisiana Medical
Malpractice Act] and brought suit against OGH, among other
defendants, specifically alleging:
Defendant, Opelousas General Hospital, is liable unto
Petitioners because Ms. Billeaudeau's injuries and
damages, which will be specified hereinafter, were
proximately and legally caused by the fault, including
negligence, of Opelousas General Hospital and its officers,
agents, employees, and those for whom it is legally
responsible, including the following negligent acts of
omission and commission, among others, which may be shown
during the trial:
a. Failure to develop and/or implement adequate policies and
procedures to competently address stroke and/or
administration of tPA;
b. Failure to distribute its written stroke and/or tPA
protocol to Dr. Kondilo Skirlis-Zavala, a physician working
in the hospital's emergency department;
c. Failure to ensure that Dr. Zavala had reviewed and
accepted the hospital's written stroke and/or tPA
d. Failure to supervise Dr. Zavala, a physician working in
Opelousas General's emergency department; and
e. Negligent credentialing of Dr. Zavala.
Thereafter, plaintiffs filed a motion for partial summary
judgment asking the District Court to declare their claim
against OGH for negligent credentialing was not subject to
the terms of the LMMA, including the cap on damages found in
La. Rev. Stat. § 40:1231.2(B)(1).
trial court granted Plaintiffs' Motion for Partial
Summary Judgment finding that negligent credentialing was not
covered by the Louisiana Medical Malpractice Act
("LMMA"). This court and the Louisiana Supreme
Court affirmed the trial court's judgment, finding that
Plaintiffs' negligent credentialing claim sounds in
general negligence and does not fall within the provision of
March 15, 2017, OGH filed a Motion for Partial Summary
Judgment on the Applicability of the Louisiana Government
Claims Act and Rule to Show Cause, arguing the following
legal elements, in pertinent part:
1. The claim against OGHA [OGH] for negligent credentialing
is not covered by the Louisiana Medical Malpractice Act.
(Billeaudeau v. Opelousas General Hospital Authority, et
al, 2016 WL 6123862 (La. 2016)).
2. Hospital Service Districts, including St. Landry Parish
Hospital Service District No. 2, are political subdivisions
of the state. (LSA-R.S. 46:1064(A); LSA-R.S. 56:1072(2)(b);
Bertrand v. Sandoz, 255 So.3d 754, 755 (La. 1971)).
3. The Opelousas General Hospital Authority is a public trust
established to finance, construct, operate, manage and
administer hospital and ancillary facilities for St. Landry
Parish Hospital Service District No. 2. (Bertrand v.
Sandoz, 255 So.3d ...