BEVERLY REED, LISA REED, RICKY REED, KENT REED, PATRICIA ANDING, KIRBY REED, LARRY REED, ELIJAH REED AS THE SURVIVING CHILDREN OF LELA KINDLE Plaintiffs-Appellants
RESTORATIVE HOME HEALTH CARE, LLC Defendants-Appellees
Appealed from the Fourth Judicial District Court for the
Parish of Ouachita, Louisiana Trial Court No. 20151589
Honorable Alvin Rue Sharp, Judge
& SIMIEN, L.L.C. By: Eulis Simien, Jr. Jimmy Simien Mark
Wayne Simien Counsel for Appellants
DUPLASS, ZWAIN, BOURGEOIS, PFISTER, WEINSTOCK, & BOGART
By: C. Michael Pfister, Jr. Linda A. Hewlett Lane L. Macaluso
Counsel for Appellee, Restorative Home Health Care, LLC
NELSON, ZENTNER, SARTOR & SNELLINGS, L.L.C By: Fred
Williams Sartor, Jr. Counsel for Appellee, Frank Sartor, M.D.
NELSON, ZENTNER, SARTOR & SNELLINGS, L.L.C By: David
Hyland Nelson Counsel for Appellees, St. Francis Medical
Center, Inc. and Charles Simmons, M.D.
VERLANDER By: David E. Verlander, III Counsel for Appellee,
Grant Dona, M.D.
WILLIAMS, STONE, and McCALLUM, JJ.
McCALLUM, J., concur in the result.
plaintiffs, Beverly Reed, Lisa Reed, Ricky Reed, Kent Reed,
Patricia Anding, Kirby Reed, Larry Reed, and Elijah Reed
(collectively referred to as "the plaintiffs"),
appeal the trial court judgment which denied their motion to
substitute original affidavit. For the following reasons, we
BACKGROUND AND PROCEDURAL HISTORY
April 5, 2015, the plaintiffs, as the surviving children of
decedent Lela Kindle ("Ms. Kindle") filed a request
for medical review panel against the following 7 qualified
health care providers: Dr. Frank Sartor ("Dr.
Sartor"); Dr. Donna Donald ("Dr. Donald"); Dr.
Nilgun Frengell ("Dr. Frengell"); Dr. Priscilla
Navarro ("Dr. Navarro"); Dr. Grant Dona ("Dr.
Dona"), Dr. Charles Simmons ("Dr. Simmons"),
and the St. Francis Medical Center ("St. Francis")
or (collectively referred to as "the named
their request, the plaintiffs alleged that Ms. Kindle
suffered a severe injury and died as a result of the
negligent care provided by the named
defendants. On May 9, 2017, the medical review panel
rendered a decision finding that the evidence presented does
not support the conclusion that the named defendants failed
to meet the applicable standard of care as charged in the
1, 2015, the plaintiffs filed a suit for damages naming
Restorative as the sole defendant. Restorative Home Health
Care, LLC ("Restorative") was not named in the
plaintiffs' medical review panel request because it did
not meet the statutory requirements of a qualified health
care provider. On August 24, 2017, the plaintiffs filed a
first amending and ...