Bock v. Yoder
Docket: No. CA-7548
Court: Louisiana Court of Appeal; December 29, 1987; Louisiana; State Appellate Court
Plaintiffs Allen and Linda Bock, on behalf of their daughter Ashley, filed a malpractice suit against Dr. Gerald T. Mayer, Dr. Jonette H. Mayer, and nurse Peggy Yoder, claiming that a DPT injection administered to Ashley on September 3, 1982, improperly caused her subsequent left foot drop condition. After a trial that included testimony from multiple medical experts, the trial judge dismissed the case, concluding that the plaintiffs failed to prove a causal link between the injection and the foot drop. The ruling hinged on the plaintiffs’ inability to establish the necessary elements of malpractice under Louisiana law, specifically LSA-R.S. 9:2794, which requires proof of the standard of care, a breach of that standard, and that the breach caused the injury. The judge noted that Ashley's foot drop was not observed by Mrs. Bock until sixteen days post-injection, during which three other doctors examined Ashley without noting any issues. The plaintiffs emphasized testimony from Dr. David Kline, who initially suggested a connection between the injection and the condition. However, his opinion was later undermined when it was revealed that it relied on incorrect information regarding the timing of the foot drop’s onset. Other expert testimony indicated that a foot drop resulting from an injection would manifest immediately, whereas Ashley's condition evolved over a longer period, suggesting a viral cause instead. The trial judge found that the interval between the injection and the observance of symptoms was too lengthy to establish causation, leading to the affirmation of the trial court's judgment.