75 So. 3d 609
Miss. Ct. App.2011Background
- Perez sustained a severe left-eye injury in the 1990s from hot molten steel, leading to multiple corneal transplants.
- In April 2003, Perez underwent another corneal transplant at UMC.
- Post-surgery, Perez received Floxin Otic instead of Ocuflox due to pharmacy dispensing error; both have identical actives and solutions.
- Ulcers and infection developed, ultimately resulting in removal of Perez's eye; Perez alleges Floxin Otic caused or worsened the injury.
- Perez sued UMC and Cardinal Health for negligence; Hartford intervened for workers’ comp benefits from the initial injury.
- The circuit court granted summary judgment for defendants, finding no genuine issue of causation based on expert affidavits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a genuine issue of causation | Perez argues Dr. Berry’s affidavit shows causation. | UMC/Cardinal Health contend Berry is conclusory and insufficient. | No genuine issue; Berry fails to prove causation. |
Key Cases Cited
- Palmer v. Biloxi Reg’l Med. Ctr., Inc., 564 So.2d 1346 (Miss. 1990) (negligence elements and causation requirement)
- Hubbard v. Wansley, 954 So.2d 951 (Miss.2007) (causal link must be shown; conclusory affidavits insufficient)
- Dalton v. Cellular South, Inc., 20 So.3d 1227 (Miss.2009) (conclusory, self-serving affidavits are insufficient for summary judgment)
- Leffler v. Sharp, 891 So.2d 152 (Miss.2004) (summary judgment standard; favorable view to non-movant; no genuine issues)