Thibodeaux v. Donnell

In 2003, plaintiff Kimberly Thibodeaux became pregnant with her fourth child. Dr. James Donnell was her obstetrician-gynecologist throughout her pregnancy. During the course of the pregnancy, plaintiff was diagnosed with complete placenta previa and, in mid-November, at approximately 29 weeks pregnant, she was hospitalized for four days. Upon Dr. Donnell’s referral, she consulted a maternal/fetal medicine specialist who handled high risk pregnancies; the specialist recommended rest, limited activity, and delivery of plaintiff’s child at 36-37 weeks gestation. Plaintiff returned to the hospital with renewed vaginal bleeding and contractions. Dr. Donnell delivered plaintiff’s child via cesarean section. Shortly after the baby’s delivery, Dr. Donnell performed an emergency cesarean hysterectomy, which entailed removal of plaintiff’s uterus and cervix. After completing the hysterectomy, and while preparing to close plaintiff’s abdomen, Dr. Donnell discovered a large laceration to her bladder, which he repaired himself. After completing the surgery, Dr. Donnell ordered a test to determine if the bladder repair was successful. The test revealed that the bladder sutures were obstructing plaintiff’s ureters, the tubes that drain urine from the kidney into the bladder. This obstruction was then confirmed by a cystoscopy performed by a urologist, Dr. Robert Alexander, consulted by Dr. Donnell. The same day as the birth and cesarean hysterectomy, Dr. Alexander reopened plaintiff’s abdomen, removed the bladder sutures to free the ureters, and re-repaired the bladder laceration. Plaintiff followed up again with Dr. Alexander in late April 2004. Although her bladder healed, plaintiff continued to see Dr. Alexander for three years with irritative bladder symptoms, including urinary frequency every 30-60 minutes, urgency, urine leakage, painful urination, painful sexual intercourse, urination during sexual intercourse, excessive nighttime urination, and abdominal pain. Dr. Alexander diagnosed her with interstitial cystitis, also known as painful bladder syndrome, and prescribed medications, none of which relieved plaintiff’s symptoms. According to Dr. Alexander, plaintiff’s diminished bladder capacity was permanent. The Supreme Court granted review of this case to determine whether the court of appeal properly assessed damages under the principles set forth in “Coco v. Winston Industries Inc.,” (341 So. 2d 332 (La. 1976)). The Court found that, because the court of appeal found manifest error in the jury’s factual findings, the appellate court should have instead performed a de novo review of damages under the principles outlined in “Mart v. Hill,” (505 So. 2d 1120 (La. 1987)). Accordingly, the Court reversed the court of appeal and remanded back to that court for reconsideration under the proper caselaw precedent. View "Thibodeaux v. Donnell" on Justia Law