Case Results of Craig J Robichaux

Defense Verdict in an Oncology case. Faced with a negative MRP opinion against their oncologist client, Mr. Robichaux and Ms. Guidry were able to convince a St. Tammany Parish Jury that there was no malpractice. In its simplest terms, the oncologist did not err when he continued Herceptin in the face of a declining ejection fraction. Remission on Herceptin was approximately 50% with only a 2% risk of congestive heart failure. The patient experienced a complication from the drug, but that did not cause her death. She ultimately died from the disease. Reported in 33 No. 10 Verdicts, Settlements & Tactics art. 10.

•Work-Related Hearing Loss Recognized as Covered by Workers Compensation and the Exclusive Remedy. Mr. Robichaux and his Partner, EB “Ted” Dittmer, II, together with other counsel, were involved in the defense of several mass joined tort suits across Louisiana involving nearly 500 plaintiffs claiming they suffered occupationally induced hearing loss and were entitled to damages. Mounting a vigorous defense to the merits on claims related to the pulp and paper industry, the defense team tried a number of bellwether cases. Although they had argued the comp act exclusivity, which was denied by the trial court, during submission of the case, the Louisiana Supreme Court ruled these cases are covered by the Compensation Act. All tort claims were therefore barred.

Defense Verdict in St. Tammany in an Interscalene Block case. Craig Robichaux and Josie Guidry once again teamed up to defend an anaesthesiologist who was accused of malpractice because of an injury to the phrenic nerve in an interscalene block ordered by the surgeon for post-operative pain following shoulder surgery. Troubling in the case was the absence of detailed medical records related to the procedure itself and the outpatient surgery center’s operating documents requiring such paperwork. The jury did not find malpractice in spite of a MRP that had a question of fact due to the missing record.

Defense Verdict in Radiology Case. Mr. Robichaux assisted by Ms. Guidry were successful in defending a radiologist in what they termed an “acceptable miss” case. The plaintiff claimed he was suffering from visual field distortion and underwent a CT scan. The radiologist failed to note a relatively small meningioma, which was clearly visible on the scan. A favourable MRP concluded that there was no deviation in the standard of care in that the finding was incidental. The trial court agreed following a 2-day bench trial. Reported in Verdicts, Settlement & Tactics, 35 No. 4 Verdicts, Settlements & Tactics NL 12.

Defense Verdict in Lis Fanc Fracture. In another case with a negative Medical Review Panel Opinion against his client, Craig Robichaux and Ms. Guidry won an orthopaedic case involving a complicated mid-foot fracture. This case was tried in Tangipahoa Parish, and the jury took less than 30 minutes to return a unanimous verdict in favour of the defendant physician. Interesting in the case was the trial court’s ruling that the physician defendant would not be recognized as an expert in spite of the clear language in the Malpractice Act allowing the physician to qualify.