SHREVEPORT, La. (Legal Newsline) – A Louisiana appeals court has affirmed a jury verdict in favor of a pediatrician who faced a lawsuit over the death of a five-month-old infant.
The Second Circuit Court of Appeal on Aug. 10 ruled for the owner of Holliway Medical Clinic of Shreveport in a case filed by Laron and Pamela Harris over the death of their son Jaiden. Per Louisiana medical malpractice litigation rules, their case first went to a medical review panel before progressing.
That MRP found no breach of the standard of care by Dr. Brondwyn Holliway, but the case still made it all the way to trial. A jury agreed with the MRP, and the Second Circuit ruling affirms their decision.
The MRP’s opinion was introduced at trial, and the Harrises claimed that was an error.
“A prior motion to strike the MRP opinion, filed in 2012, was denied, and this court denied writs on the issue in 2013,” the ruling says. “Appellants’ second motion to strike the MRP opinion, filed on the eve of trial, was also denied by the trial judge.
“It was within the trial court’s discretion to accept the panel’s opinion, and it did not err in doing so.”
Jaiden visited Dr. Holliway on Jan. 10, 2007, with cold symptoms and a low fever. Hemoglobin and hematocrit levels were normal, and no anemia was indicated.
Twenty days later, Jaiden was taken to the emergency room with vomiting. Holliway followed up with a phone conversation the next day, with a form noting Jaiden was “just lying around” and that his “eyelids are swelling.”
The next day – Feb. 1, 2007 – Jaiden visited Holliway’s office. The record doesn’t contain documentation of vital signs like oxygen level, and Jaiden was given two breathing treatments.
But later that night, Jaiden experienced respiratory distress. Holliway testified he was pale and grunting and wheezing, leading to emergency care at the Schumpert emergency room.
His condition worsened until he died on Feb. 2. His cause of death was autoimmune hemolytic anemia – a rare condition in which the body destroys red blood cells.
The wrongful death lawsuit alleged an hours-long delay while at Holliway’s clinic deprived Jaiden a proper diagnosis and opportunity for treatment.
The jury verdict was complicated by a finding of malpractice on the part of Holliway’s clinic, but not her staff.
“Further, it was not manifestly erroneous for the jury to conclude that while the clinic staff breached the standard of care, that breach did not cause the resulting harm to Jaiden,” the decision says. “As noted above, the existence of a causal relationship between the alleged negligent treatment and the injury sustained is required in order to establish medical malpractice.”