Mid-South Retina, LLC v. Conner
2011 Miss. LEXIS 434
| Miss. | 2011Background
- Conner received Visudyne for age-related macular degeneration at Mid-South Retina in 2003; Visudyne infiltrated the injection site and was followed by cold-laser therapy.
- Dr. Priester ensured bandaging to protect from sunlight after infiltration; Conner reported arm pain and was referred for care.
- Conner pursued a medical-negligence suit against Mid-South and Dr. Priester in 2004; trial court initially granted summary judgment for Mid-South and Priester.
- Conner designated LaDonna Northington, a registered nurse, as her expert on causation; Mid-South moved for summary judgment arguing lack of causation evidence.
- Vaughn v. Mississippi Baptist Medical Ctr later held nurses cannot testify on medical causation; retroactivity of Vaughn was a central issue on appeal.
- Court ultimately held that Nurse Northington may not render a causation opinion and Mid-South is entitled to summary judgment; case reversed and rendered in Mid-South’s favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Northington may opine on causation | Conner argues Northington is qualified. | Mid-South argues Vaughn bars nurse-caused causation testimony. | No; Northington may not render causation opinion. |
| Whether summary judgment was proper without causation evidence | Conner asserts genuine issues of material fact exist. | Mid-South argues lack of causation defeats claim as a matter of law. | Summary judgment in favor of Mid-South affirmed (reversed and rendered on appeal). |
| Whether Vaughn applies retroactively to this interlocutory appeal | retroactivity should not apply Vaughn to pretrial stage. | Vaughn applies retroactively, barring Northington’s causation opinion. | Vaughn retroactively applied; Northington cannot testify on causation. |
Key Cases Cited
- Vaughn v. Mississippi Baptist Medical Center, 20 So.3d 645 (Miss. 2009) (nurses cannot testify as to medical causation)
- McDonald v. Mem'l Hosp. at Gulfport, 8 So.3d 175 (Miss. 2009) (expert testimony required; summary judgment on lack of causation)
- Richardson v. Methodist Hospital of Hattiesburg, Inc., 807 So.2d 1244 (Miss. 2002) (causation standards in medical-negligence)
- Ronald Adams Contractor, Inc., 753 So.2d 1092 (Miss. 2000) (retroactivity framework for new rules)
- Brown v. Mladineo, 504 So.2d 1201 (Miss. 1987) (scope of expert qualification based on knowledge/experience)