SUSAN ARRINGTON, INDIVIDUALLY AND ON BEHALF OF HER FORMERLY MINOR CHILDREN, NOW MAJORS, JOELLE ARRINGTON AND LAURA ARRINGTON v. GALEN-MED, INC. D/B/A LAKE AREA MEDICAL CENTER, ET AL. C/W CHARLES AND SHARON TAYLOR, ET AL. v. DR. RICHARD J. CLEMENT

Annotate this Case

Download PDF

Supreme Court of Louisiana FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #029 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Per Curiam handed down on the 22nd day of May, 2012, is as follows: PER CURIAM: 2012-CA-0908 SUSAN ARRINGTON, INDIVIDUALLY AND ON BEHALF OF HER FORMERLY MINOR CHILDREN, NOW MAJORS, JOELLE ARRINGTON AND LAURA ARRINGTON v. GALEN-MED, INC. D/B/A LAKE AREA MEDICAL CENTER, ET AL. C/W CHARLES AND SHARON TAYLOR, ET AL. v. DR. RICHARD J. CLEMENT (Parish of Calcasieu) Accordingly, the judgment of the district court is vacated and set aside. The case is remanded to the district court to reconsider its ruling in light of Oliver v. Magnolia Clinic, 11-2132 (La. 3/13/12), __So.3rd__. Page 1 of 1 05/22/2012 SUPREME COURT OF LOUISIANA NO. 12-CA-0908 SUSAN, LAURA, AND JOELLE ARRINGTON VS. GALEN-MED, INC., HEALTHCARE INDEMNITY, INC., AND THE STATE OF LOUISIANA, ET AL. C/W CHARLES & SHARON TAYLOR VS. ESTATE OF DR. RICHARD JOSEPH CLEMENT PER CURIAM Defendants invoke the appellate jurisdiction of this court pursuant to La. Const. art. V, § 5(D) to review a judgment of the district court declaring La. R.S. 40:1299.42(B), which places a cap on damages in medical malpractice actions, to be unconstitutional. Pretermitting the merits, we find that at the time the district court rendered its judgment, it did not have the benefit of our recent opinion in Oliver v. Magnolia Clinic, 11-2132 (La. 3/13/12), __ So. 3d __. In Oliver, we reiterated our holding in Butler v. Flint Goodrich Hospital, 607 So. 2d 517 (La. 1992), cert. denied, 508 U.S. 909 (1993), and recognized the malpractice cap was constitutional. Accordingly, the judgment of the district court is vacated and set aside. The case is remanded to the district court to reconsider its ruling in light of Oliver v. Magnolia Clinic, 11-2132 (La. 3/13/12), __ So. 3d __.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.