Donna B. Anglin and Robert B. Anglin v. Christus Schumpert Highland Health System

Summary

The Louisiana Court of Appeal, Second Circuit, affirmed a judgment in a medical malpractice action arising from Donna Anglin’s alleged sciatic nerve injury following pelvic surgery. The jury found that Dr. Kevin Cline’s breach of the standard of care did not cause injury exceeding his $100,000 settlement, and the appellate court upheld that determination. The opinion discusses informed consent, causation, preexisting fibromyalgia, and competing medical expert testimony.

Holdings

1. The trial court did not abuse its discretion by refusing to have Dr. Marchetti's expert discovery deposition read into the record at trial. The prior writ granted relief concerning use of the deposition at trial but did not specifically require that the deposition be read into the record.
2. The trial court did not abuse its discretion by admitting evidence concerning the Anglins' Boston Scientific lawsuit and settlement.
3. Even assuming the settlement amount was inadvertently included in the jury binder, any error was harmless and did not warrant reversal of the jury's verdict.

Questions Presented

1. Whether the trial court abused its discretion by refusing to allow Dr. Marchetti's expert discovery deposition to be read into the record at trial.
2. Whether the trial court abused its discretion by admitting evidence concerning the Anglins' Boston Scientific product-liability lawsuit and settlement.
3. Whether the inclusion of the $77,000 settlement amount in an exhibit binder warranted reversal of the jury verdict.

Disposition

affirmed