Oliver v. Magnolia Clinic
51 So. 3d 874
La. Ct. App.2010Background
- Oliver family sues nurse practitioner Susan Duhon for pediatric malpractice causing Taylor Oliver’s severe lifelong injuries.
- Jury awarded $6,000,000 general damages, past medical expenses, and future medical costs; cap reduces general damages to $500,000 under La. R.S. 40:1299.42(B).
- Plaintiffs seek declaratory relief arguing MMA cap unconstitutional as applied; trial court initially finds cap constitutional except for NP inclusion and later grants relief addressing that issue.
- PCF and Duhon appeal challenging trial court rulings; Duhon raises res judicata defense claiming Olivers appealed only declaratory judgment, not underlying tort verdict.
- Court analyzes equal protection issues under Louisiana Constitution and Sibley II framework; discusses evidence supporting/undermining cap rationale for NP inclusion and broader applicability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the cap as applied to nurse practitioners violates equal protection | Oliver challenged NP inclusion as discriminatory based on physical condition | State argues cap rationally relates to public objectives and Butler precedent | Cap as applied to NP violates equal protection; reinstates verdict but declares NP inclusion unconstitutional as to cap. |
| Whether res judicata bars review of underlying tort verdict | Olivers appealed the cap ruling and the underlying verdict | Duhon asserts Olivers didn’t appeal the verdict judgment | Res judicata exception denied; appeal timely from cap-related judgment maintained. |
| The PCF's claim for past medical expenses and judicial interest | Taylor’s past medical expenses and related interest should be payable by PCF | PCF argues misapplication of statute on future expenses and interest | Past medical expenses and judicial interest sustained; future medical costs affirmed. |
| Whether MMA cap violates other constitutional provisions | Equal protection is implicated; other provisions argued by Olivers | State cites existing Butler precedent and remedial balance of cap | Equal protection violation found; cap unconstitutional to the extent it includes NP; otherwise, cap stands based on residual reasoning. |
Key Cases Cited
- Sibley v. Bd. of Sup'rs of Louisiana State Univ., 477 So.2d 1094 (La. 1985) (equal protection scrutiny for medical malpractice cap)
- Butler v. Flint Goodrich Hosp., 607 So.2d 517 (La. 1992) (earlier rational basis balance of cap and benefits to victims)
- Arrington v. Galen-Med, Inc., 970 So.2d 540 (La.App. 3 Cir. 2007) (requires State to show continued substantial public purpose for cap)
- Ferdon v. Wisconsin Patients Compensation Fund, 701 N.W.2d 440 (Wis. 2005) (equal protection invalidation of cap under changed conditions)
- Arrington v. ER Physicians Group, 940 So.2d 777 (La. 3 Cir. 2006) (discussion of two-class injury under cap and equal protection)