K.P. v. LeBlanc
2010 U.S. App. LEXIS 24146
| 5th Cir. | 2010Background
- Hope Medical Group provides abortion services in Louisiana; physicians K.P. and D.B. enroll in the Louisiana Patient's Compensation Fund (Fund) administered by the Fund Oversight Board.
- The Fund is created by the 1975 Med-Mal Act to provide uniform compensation for medical malpractice injuries; participation requires enrollment, proof of financial responsibility, and payment of surcharges.
- Louisiana Revised Statute § 9:2800.12 (1997) excludes abortion-related damages from Fund coverage and states that malpractice law does not apply to § 9:2800.12 claims.
- Prudhome (a former patient) sought damages for alleged abortion-related medical negligence and the Board refused to convene a medical review panel for K.P. and D.B. under § 9:2800.12.
- In Nov. 2007, the doctors and Hope filed a federal suit challenging § 9:2800.12 as unconstitutional on vagueness, equal protection, and privacy grounds; the district court dismissed on Eleventh Amendment immunity grounds.
- In 2008 the Board agreed to convene a medical review panel for Prudhome but reserved whether to pay coverage, raising mootness and standing questions which the Fifth Circuit addresses on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eleventh Amendment immunity applicable to Board officials | Plaintiffs argue Board officials are not immune as enforcement of § 9:2800.12 implicates them | Board members contend immunity bars suit | Not barred; Ex Parte Young applies and Board has enforcement connection |
| Standing to challenge the statute | Plaintiffs suffer direct injuries from denial of Fund benefits and potential liability limits | Defendants argue no redressable injury | Plaintiffs have Article III standing to seek relief against the Board |
| Mootness of the case | Continued potential injuries and ongoing enforcement keep case alive | Post-issuance panel and potential settlements moots controversy | Not moot; controversy persists with ongoing enforcement and potential relief |
Key Cases Cited
- Okpalobi v. Foster, 244 F.3d 405 (5th Cir. 2001) (en banc standing and Eleventh Amendment discussion (superseded by later en banc))
- Ex Parte Young, 209 U.S. 123 (U.S. 1908) (state officers may be sued for unconstitutional enforcement)
- Sossamon v. Lone Star State of Tex., 560 F.3d 316 (5th Cir. 2009) (voluntary cessation does not render case moot)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (standing requires injury, causation, redressability)
- Henderson v. Stalder, 287 F.3d 374 (5th Cir. 2002) (direct pecuniary injury under Med-Mal Act)