The Court of Appeal of Louisiana, First Circuit, stated in its July 11, 2025 decision: “a neuromedical facility appeals both a judgment rendered against it after a jury trial and another judgment denying its motion notwithstanding the verdict. The jury found no negligence by the neurosurgeon who performed surgery on the plaintiff but found the neuromedical facility itself liable to the plaintiff for general damages. After review, we reverse both judgments and render judgment notwithstanding the verdict in favor of the neuromedical facility.”
Background Facts
On June 6, 2006, Dr. Jeffrey R. Albea, a neurosurgeon, performed a single-level L5-S1 spinal fusion surgery on 46-year-old Frank Raborn at The NeuroMedical Center, A Professional Medical Corporation (NMC), in Baton Rouge, Louisiana. The surgery included the installation of an Array spinal system, a spinal fixation device used to stabilize the spine while fusion occurs. Shortly thereafter, Dr. Albea left employment with NMC, and Dr. Paul J. Waguespack, another NMC neurosurgeon, took over Mr. Raborn’s postoperative care and treated him regularly for several months. During that time, Dr. Waguespack referred Mr. Raborn to Dr. Shawn G. Dunn, a NMC neurologist, to address Mr. Raborn’s persistent post-operative pain. In March 2007, Dr. Dunn performed a discogram on Mr. Raborn to determine the source of his pain. Mr. Raborn allegesd that the discogram caused a spinal fluid leak, resulting in headaches and other symptoms. Dr. Dunn performed two blood patches to address the spinal fluid leak, after which Mr. Raborn had new complications and worsened pain, resulting in treatment at a local emergency room in early April 2007.
In the meantime, Dr. Waguespack continued to see Mr. Raborn. Among other treatment, Dr. Waguespack monitored Mr. Raborn’s recovery via monthly x-rays to assess the status of his L5-S1 fusion. A December 19, 2006 x-ray showed that a right side screw at Mr. Raborn’s S-1 vertebra was broken but the radiology report noted “no abnormal movement.” A subsequent January 10, 2007 CT scan showed no “apparent loosening of the hardware.” In March 2007, after Dr. Dunn performed the discogram, Dr. Waguespack determined Mr. Raborn was a candidate for additional surgery and discussed this option with him.
Mr. Raborn chose to get other medical opinions regarding possible additional surgery. He claimed that, when he obtained and reviewed his NMC medical records in preparation for getting other medical opinions, he discovered, for the first time, that Dr. Albea had performed a different fusion surgery than what Mr. Raborn had consented to and that he had a broken screw in his spine – and, that “no one” at NMC had disclosed this information to him.
On June 12, 2007, Dr. Jerry Bob Blacklock, a neurosurgeon at the TMH Neurological Institute in Houston, Texas, performed revision surgery on Mr. Raborn, which included removal of the existing hardware and a two-level fusion at L5-S1 and L4-L5. Mr. Raborn continued to have back problems and other complications after his second surgery, some of which he continued to have at the time of trial in November 2023.
Eventually, Mr. Raborn filed a request for a medical review panel under La. R.S. 40:1299.47, alleging malpractice by Drs. Albea and Dunn, NMC Clinic, and NMC Surgical Hospital. Mr. Raborn did not allege malpractice by Dr. Waguespack. On July 21, 2009, the designated medical review panel (MRP) signed a decision finding there was no deviation from the appropriate standard of medical care by any of the named health care providers.
On October 19, 2009, Mr. Raborn filed his Louisiana medical malpractice lawsuit against Dr. Albea; Dr. Dunn; NMC; EBI, LP (EBI), the Array device manufacturer; and, Synthes USA Sales, LLC (Synthes), the manufacturer/seller of a bone putty used during the June 6, 2006 surgery. Mr. Raborn did not name Dr. Waguespack as a defendant nor specifically allege negligence by Dr. Waguespack. In due course, the trial court dismissed Mr. Raborn’s claims against Dr. Dunn, NMC Hospital, EBI, and Synthes.
At the end of the trial, the jury rendered a 12-0 verdict in favor of Dr. Albea, finding he was not negligent in his treatment of Mr. Raborn. Conversely, the jury rendered a 12-0 verdict against NMC, finding NMC was negligent in its treatment of Mr. Raborn. By a 9-3 verdict, the jury awarded Mr. Raborn damages for past mental anguish against NMC in the amount of $472,916.67.
NMC filed a motion for judgment notwithstanding the verdict (JNOV) or, in the alternative, motion for new trial, contending the jury’s verdict against it was legally insupportable and manifestly erroneous. Mr. Raborn opposed the motion, and, after a contradictory hearing, the trial court denied it. On March 25, 2024, the trial court signed a judgment memorializing its denial of the JNOV and motion for new trial. NMC appealed.
The Louisiana appellate court held: “Our review of all trial testimony and other evidence introduced reveals that the focus of the trial was on Dr. Albea’s alleged “failed” spinal fusion surgery and whether the continued medical issues Mr. Raborn experienced after that surgery were causally related to Dr. Albea’s negligence. Notably, the experts presented by both Mr. Raborn and the defendants only tangentially addressed any conduct by NMC during Mr. Raborn’s care. And, after review of that expert evidence, and following the standard of review by which we are bound herein, we conclude that the trial court erred in denying the JNOV in favor on NMC. The defendants presented expert opinion evidence amply demonstrating the standard of care applicable to NMC in its care of Mr. Raborn and that NMC did not breach that standard of care. In opposition, Mr. Raborn failed to present any expert opinion evidence from which reasonable jurors might have reached different conclusions regarding NMC’s negligence. And, even assuming, arguendo, that Mr. Raborn had established NMC’s standard of care and breach thereof without expert testimony, he likewise presented no expert testimony to establish causation … The evidence points so strongly in NMC’s favor that we find reasonable jurors could not have arrived at a contrary verdict – that is, without supporting expert testimony, reasonable jurors could not have found that NMC failed to exercise the requisite amount of care toward Mr. Raborn that his post-operative condition required … Accordingly, because Mr. Raborn failed to establish, by expert evidence, NMC’s standard of care, breach of the standard of care, and causation, we reverse the denial of the JNOV, grant the JNOV in NMC’s favor, and reverse the judgment awarding Mr. Raborn $472,916.67 in past mental anguish damages.”
Source Raborn v. Albea, Docket No. 2024 CA 1128.
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