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Reed v. Restorative Home Health Care, LLC

Court of Appeals of Louisiana, Second Circuit

June 5, 2019

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
v.
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 & 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.

          MCLEOD VERLANDER By: David E. Verlander, III Counsel for Appellee, Grant Dona, M.D.

          Before WILLIAMS, STONE, and McCALLUM, JJ.

          McCALLUM, J., concur in the result.

          STONE, J.

         The 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 reverse.

         FACTUAL BACKGROUND AND PROCEDURAL HISTORY

         Medical Review Panel

         On 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 defendants").

         In 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.[1] 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 complaint.

         Suit for Damages

         On June 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 ...


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