YEVONNE SAWYERS, ET AL.
NAOMI HEIGHTS NURSING HOME & REHABILITATION CENTER, L.L.C., ET AL.
APPLICTION FOR SUPERVISORY WRIT FROM THE NINTH JUDICIAL
DISTRICT COURT PARISH OF RAPIDES, NO. 255, 006 F HONORABLE
GEORGE C. METOYER, DISTRICT JUDGE
P. Frederick Michael T. Beckers Danielle N. Goren Frederick
& Beckers, LLC COUNSEL FOR PLAINTIFFS/RESPONDENTS:
Yevonne Sawyers, Individually and on behalf of Cecilia
Sullivan Patricia Hall, Individually and on behalf of Cecilia
F. Clawson COUNSEL FOR RELATOR: Louisiana Patient's
Compensation Fund Louisiana Patient's Compensation Fund
composed of Sylvia R. Cooks, John E. Conery, and Van H.
E. CONERY JUDGE
the Louisiana Patients' Compensation Fund and the
Louisiana Patient's Compensation Oversight Board, seek a
supervisory writ from the judgment of the Ninth Judicial
District Court, Parish of Rapides, the Honorable George
Clarence Metoyer, Jr., presiding, which denied Relators'
motion in limine. We deny the writ, finding no abuse of
AND PROCEDURAL HISTORY
case involves a medical malpractice wrongful death and
survival action filed by Plaintiffs, Yevonne Sawyers and
Patricia Hall, individually and on behalf of their deceased
mother, Cecilia Sullivan. Plaintiffs alleged that Ms.
Sullivan received substandard medical care from Naomi Heights
Nursing and Development Center, L.L.C. (Naomi Heights), and
Guardian Hospice Care, L.L.C. (Guardian Hospice), ultimately
resulting in the development of a chronic decubitus ulcer,
Stage IV, and sepsis, resulting in her prolonged suffering
and ultimately death. Following periods of admissions to the
hospital for treatment of her conditions, Ms. Sullivan was
transferred to another facility for palliative care on
November 6, 2013, and she died on November 16, 2013.
to her transfer from Naomi Heights, and prompted by
Plaintiffs, the Louisiana Department of Health and Hospitals
(DHH) conducted an unannounced investigation of the nursing
home on July 26, 2013. That investigation resulted in Naomi
Heights being cited for various deficient practices in
violation of federal and state regulations for nursing homes.
DHH also conducted an unannounced investigation of Guardian
Hospice on August 21, 2013. It cited Guardian Hospice for the
failure to coordinate with the nursing home for the proper
care of a patient who had developed a pressure sore, in
violation of state and federal regulations. Plaintiffs
contend that both Naomi Heights and Guardian Hospice have
admitted the deficiencies contained in the DHH reports.
filed the motion in limine under review seeking to have
Plaintiffs prohibited from introducing into the record or
making any reference to any records which DHH has on Ms.
Sullivan or any DHH complaint surveys conducted during the
time when Ms. Sullivan was a resident of Naomi Heights and
Guardian Hospice, "including but not limited to the
period of April 10, 2013, to November 6, 2013."
Following a hearing, the trial court denied Relators'
motion in limine, thus allowing admission of the records at
"[a]n interlocutory judgment is appealable only when
expressly provided by law[, ]" Relators now seek review
of that ruling by this application for supervisory writ.
La.Code Civ.P. art. 2083(C). See La.Code Civ.P. art.
1841. See also Lalla v. Calamar, N.V., 08-0952
(La.App. 4 Cir. 2/11/09), 5 So.3d 927.
Trial Court erred in denying [Relators'] Motion in Limine
seeking to exclude various DHH Surveys/Reports.