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Case of the Month

West's® Jury Verdicts - Louisiana Reports

Jury Finds in Obstetrician, Hospital's Favors in Wrongful Death, Med Mal Suit

Meyers v. Steen

Type of Case:
Wrongful Death - Minor
Wrongful Death - Fetus
Medical Malpractice-Procedures & Treatment - Birth Injury
Medical Malpractice-Procedures & Treatment - Failure to Diagnose/Treat
Medical Malpractice-Physicians & Health Professionals - Obstetrician/Gynecologist
Medical Malpractice-Facility - Hospital

Specific Liability:
Obstetrian/gynecologist failed to property treat patient's high risk pregnancy with twins, resulting in stillbirth and early delivery at 20 weeks gestation

General Injury:
Death; medical expenses

Jurisdiction:
State: Louisiana
Court: District Court of Louisiana, Twenty-second Judicial District, Parish of St. Tammany.

Related Court Documents:
Plaintiffs' petition: 2007 WL 7631825
Pretrial contributions: 2011 WL 7110163
Judgment: 2011 WL 7111377

Case Name:
William and Elizabeth Meyers, individually and on behalf of their minor children, Baby Boy Meyers 1 and 2 (deceased) v. Dr. Vicki Steen and St. Tammany Parish Hospital and Louisiana Medical Mutual Insurance Company

Docket/File Number:
2007-12613

Verdict:
Defendants, $0

Verdict Date:
Nov. 17, 2011

Judge:
Reginald T. Badeaux III

Attorneys:
Plaintiffs: Edward P. Sutherland and Sarah Norwood Trouard, Law Offices of Edward P. Sutherland, Baton Rouge, La.

Defendant (Steen): Craig J. Robichaux, Jocelyn R. Guidry and Angelique P. Walgamotte, Talley, Anthony, Hughes & Knight, Mandeville, La.

Defendant (St. Tammany Parish Hospital): Margaret H. Kern and Bailey D. Morse, Jones Fussell LLP, Covington, La.

Experts:
Plaintiffs: Ezell S. Autrey, MD, obstetrician/gynecologist, Dallas, Texas

Defendants: William F. Von Almen II, MD, obstetrician/gynecologist, New Orleans, La.; James Hammond, MD, obstetrician/gynecologist, Baton Rouge, La.; Michael S. Durel, MD, obstetrician/gynecologist, Baton Rouge, La.

Trial Type:
Jury

Breakdown of Award:
$0

Summary of Facts:
Elizabeth Meyers was reportedly a patient of Vicki Steen, MD, an obstetrician/gynecologist in Covington, La. Meyers said she discovered she was pregnant a second time in December 2003, and because of occurrences in her previous pregnancy, Meyers' second pregnancy was reportedly considered “high risk.”

Meyers said that in an ultrasound performed in February 2004, she discovered she was pregnant with twins.

Meyers said in March 2004, she began experiencing severe pulling and stretching sensations throughout her body; furthermore, Meyers said she experienced severe sinus pressure. Meyers said Steen placed her on medication to relieve her sinus pressure, and was informed by Steen that the pulling and stretching sensations were typical in a twin pregnancy.

Meyers said she was not feeling well and was very swollen throughout her body when she was approximately 20 weeks pregnant. As a result, Meyers said she stopped by Steen's office on April 26, 2004, and asked to see Steen or one of Steen's nurses.

Meyers said she was informed Steen was too busy to see her and a nurse allegedly informed her that her symptoms were typical of a twin pregnancy.

Meyers said on the evening of April 28, 2004, she discovered blood in her urine and reportedly began experiencing contractions; she said she immediately contacted Steen's office. Meyers said she was informed that Steen was not in, but Meyers reportedly spoke to the on-call physician who advised her to go to the hospital.

Meyers said neither Steen nor the on-call physician met her at St. Tammany Parish Hospital; however, an ultrasound technician reportedly performed an ultrasound and the on-call physician informed Meyers she had more amniotic fluid than was normal.

At 1:30 a.m. on the morning of April 29, 2004, Meyers said her contractions had stopped and she was discharged from the hospital. Approximately six hours later, Meyers said her water broke at home and she went back to the hospital.

Meyers said she delivered twin boys; one baby boy was stillborn and the other baby was born alive but passed away shortly thereafter.

Elizabeth Meyers and her husband, William Meyers, individually and on behalf of their minor children, Baby Boy Meyers One and Two (deceased), filed a petition against Steen, St. Tammany Parish Hospital and Steen's reported insurance provider, Louisiana Medical Mutual Insurance Company (LAMMICO), in the Twenty-second Judicial District Court for the Parish of St. Tammany in May 2007, asserting claims for wrongful death, medical negligence and a survival action.

The plaintiffs argued the defendants had caused or contributed to Elizabeth's pain and suffering and/or the death of the Meyers' two baby boys by failing to their duties of reasonable care. Specifically, the plaintiffs argued Steen had failed to properly manage and treat Elizabeth's high risk pregnancy and its symptoms, failed to timely diagnose Elizabeth's conditions presented during her pregnancy and failed to timely refer Elizabeth to a specialist who could more adequately treat her high risk pregnancy symptoms.

The Meyers argued the hospital had breached its duty of reasonable care by failing to properly manage Elizabeth when she first presented to the hospital and discharging her before positively determining it was safe to do so.

The plaintiffs sought damages for the wrongful deaths of their twin boys, medical expenses, mental anguish and emotional distress, physical and mental pain and suffering and loss of love, society, companionship and affection.

Steen admitted Elizabeth Meyers was her patient and she had treated her during her pregnancy; however, the physician generally denied the plaintiffs' allegations. Steen asserted that on the evening of April 28, the on-call physician had appropriately ordered an ultrasound that had revealed polyhydramnios in one of the twins.

Steen said following the ultrasound, Elizabeth had asked to go home; as a result, Elizabeth was reportedly discharged from the hospital with specific instructions to follow up with Steen in the morning. Steen said she was not contacted by the on-call physician; as a result, she was not aware of Elizabeth's presentation to the hospital or her discharge.

Steen said Elizabeth experienced spontaneous rupture of the membranes the following morning, and Steen, who was already at the hospital for another patient's scheduled C-section, was advised of Elizabeth's admission to the hospital and subsequently delivered her twins.

Steen further claimed the plaintiffs' twin boys were not viable at 20 weeks gestation.

The hospital also denied the plaintiffs' allegations, asserting it and its nursing staff had exceeded the applicable standards of care in treating Elizabeth and her twin boys. The hospital further argued the twins' deaths were unavoidable and denied that it or its nursing staff were responsible for the illnesses that caused or contributed to their deaths.

The matter proceeded to a jury trial in November 2011. Jurors returned a verdict in the defendants' favors, Nov. 17.

In a judgment signed Dec. 7, 2011, Reginald T. Badeaux III entered judgment pursuant to the jury's findings, in favor of Steen and St. Tammany Parish Hospital against the plaintiffs.

Court: District Court of Louisiana, Twenty-second Judicial District, Parish of St. Tammany.

Westlaw Citation:
2011 WL 7432093

West's Jury Verdicts - Louisiana Reports Citation:
West's J.V. La. Rep., Vol. 7, Iss. 9, p. 16 (2012)