Latest 4 Cases This Week: Kirt v. Metzinger (La.), Marquardt v. Schaffhausen (Minn.), Preston v. Movahed (N.C.)

How Allen v. Cooper Breaks Important New (if Dubious) Ground on Stare Decisis

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on language in a recent U.S. Supreme Court decision, Allen v. Cooperdiscussing constitutional stare decisis in the context of state sovereign immunity. Amar points out some of the problems with the Court’s jurisprudence on state sovereign immunity and Congress’s Section 5 power, and he questions the Allen majority’s embrace of a “special justification” requirement for constitutional stare decisis.

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Kirt v. Metzinger

Court: Louisiana Supreme Court

Docket: 2019-C-01162

Opinion Date: April 3, 2020

Judge: Crain

Areas of Law: Civil Procedure, Government & Administrative Law, Health Law, Medical Malpractice

Elaine Kirt died in 2010, due to complications that developed shortly after undergoing eye surgery. On September 23, 2011, her son, Neville Kirt, appearing in person and on behalf of his deceased mother and his two brothers, filed a request with the Division of Administration asking for a medical review panel to review the care provided to his mother by three defendants: Dr. Rebecca Metzinger, the attending surgeon; Dr. Theodore Strickland III, the anesthesiologist for the procedure; and Tulane Medical Center. In a reply letter to Neville, the Patient’s Compensation Fund Oversight Board (PCF) acknowledged receipt of the request; confirmed Dr. Metzinger, Dr. Strickland, and Tulane University Hospital & Clinic were qualified under the Louisiana Medical Malpractice Act (Act); informed Kirt a filing fee of $100 per qualified defendant was due; and requested payment of $300. The notice stated the failure to pay would render the request invalid, without effect, and would not suspend the time to file suit. Days later, then appearing through counsel, the Kirts sent a second letter asking to amend its previous request, adding two additional nurses. The Kirts included a $500 check to cover filing fees. A medical review panel convened, reviewed the care provided by all named healthcare providers, and found no breach of the standard of care. The Kirts thereafter filed against the doctors and nurses. Claims against the doctors were dismissed by summary judgments because there was no proof they breached the standard of care while treating Elaine Kirt. Those judgments expressly barred allocating fault to the dismissed parties and prohibited introducing evidence at trial to establish their fault. The nurses then filed peremptory exceptions of prescription, claiming the request for a medical review panel was invalid because the Kirts failed to pay the final $100 filing fee, and prescription was not suspended for any claims. The trial court concurred with the nurses and granted an exception of prescription. The Supreme Court determined that because the Kirts paid filing fees for five of six named defendants, dismissal of one of the nurses was proper for lack of a filing fee. The Court determined the lower courts did not consider or decide the merits of the Kirts' argument that they could not have reasonable known about the claims against two of the nurse defendants until one was deposed. Because the lower courts did not consider or decide the merits of the Kirts' basis for the exception of prescription, which could have turned on factual findings, the Supreme Court pretermitted consideration of these arguments and remanded the matter to the trial court for further disposition of the exception.

Marquardt v. Schaffhausen

Court: Minnesota Supreme Court

Docket: A18-0968

Opinion Date: April 8, 2020

Judge: Lorie Skjerven Gildea

Areas of Law: Medical Malpractice

In this medical malpractice case, the Supreme Court reversed the decision of the court of appeals concluding that the district court abused its discretion by admitting testimony about causation from Dr. John Stark, an orthopedic surgeon, and Dr. Kevin Stephan, an infection-disease specialist, holding that the district court did not abuse its discretion in admitting the doctors' causation testimony. This action arose from right-knee arthroplasty Dr. James Schaffhausen performed on Plaintiff. In her complaint, Plaintiff argued that, as a result of the surgery, she suffered permanent neurologic damage. The jury found for Plaintiff. Dr. Schaffhausen moved for judgment as a matter of law or a new trial, arguing that it was error for Dr. Stark and Dr. Stephan to testify as to causation because they were not neurologists. The district court denied the motions. The court of appeals reversed, concluding that the experts were not qualified to testify as to causation because they lacked the requisite occupational experience in neurology. The Supreme Court reversed, holding that where the district court carefully weighed the qualifications of Dr. Stark and Dr. Stephan before deciding to admit their testimony, the court did not abuse its discretion in admitting their testimony on the issue of causation.

Preston v. Movahed

Court: North Carolina Supreme Court

Docket: 124PA19

Opinion Date: April 3, 2020

Judge: Earls

Areas of Law: Medical Malpractice

In this medical malpractice action, the Supreme Court reversed the decision of the court of appeals affirming the trial court's order granting Defendant's motion to dismiss on the basis that Plaintiff's complaint failed to comply with N.C. R. Civ. P. 9(j), holding that the court of appeals erred in concluding that Plaintiff's expert witness was unwilling to testify that Defendant did not comply with the applicable standard of care. Specifically, the Supreme Court held (1) both the trial court and the court of appeals erred in failing to view the evidence regarding the expert witness's willingness to testify under Rule 9(j) in the light most favorable to Plaintiff; (2) in its de novo review, the court of appeals erred by deferring entirely to the findings of the trial court; and (3) the complaint should not be dismissed on Rule 9(j) grounds because the factual record demonstrated that the expert witness was willing to testify at the time of the filing of the complaint that Defendant breached the standard of care.

Curtis v. Highfill

Court: Supreme Court of Virginia

Docket: 190117

Opinion Date: April 9, 2020

Judge: Chafin

Areas of Law: Medical Malpractice, Personal Injury

In this wrongful death case, the Supreme Court reversed the decision of the circuit court striking the evidence supporting a claim for punitive damages against Defendant, a physician who repeatedly prescribed narcotic pain medication to a patient, holding that, under the circumstances of this case, the circuit court erred by granting Defendant's motion to strike. The patient in this case died from an accidental overdose of oxycodone, alcohol, and prescription medications. Plaintiff, the administrator of the decedent's estate, filed a wrongful death action against Defendant. In addition to damages permitted in wrongful death actions the administrator requested an award of punitive damages. Defendant conceded that he breached the applicable standard of care with respect to his care and treatment of the decedent but moved to strike the punitive damages claim. The circuit court granted the motion to strike. At issue was whether a jury could have concluded that Defendant's actions constituted a "willful and wanton" disregard for the decedent's health and safety. The Supreme Court reversed, holding that, under the specific circumstances of this case, the administrator's punitive damages claim should have been submitted to the jury.