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VAPPIE v. MAUMUS

No. 2009-CA-1038.

36 So.3d 1123 (2010)

Juliette Littlejohn VAPPIE, Wife of and James Vappie v. Dr. Marianne MAUMUS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 28, 2010.

Attorney(s) appearing for the Case

Charles R. Ward, Jr., Covington, LA, Suzette P. Bagneris, The Bagneris Firm, L.L.C., New Orleans, LA, for Juliette Littjohn Vappie & James Vappie.

Susan E. Henning, Suzanne F. LaNasa, Curry & Friend, APLC, New Orleans, LA, for Dr. Marianne Maumus, Louisiana Patient's Compensation Fund/Louisiana Patient's Compensation Fund Oversight Board.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE, Judge EDWIN A. LOMBARD).

TERRI F. LOVE, Judge.

This appeal arises from injuries sustained as a result of alleged medical malpractice resulting in avascular necrosis and bilateral hip replacement. We find that the jury did not commit manifest error and affirm. However, we find that the trial court erred by awarding damages for future pain and suffering and reverse.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Juliette...

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