DaVita Dialysis Clinic and doctor sued by patient who claims side effects contributed to accident

Kyle Barnett Oct. 12, 2012, 2:00am

G. Karl Bernard

GRETNA – A Jefferson Parish man is suing a dialysis clinic for damages he suffered in a car accident following a dialysis treatment.

Glenn Goudia, and his wife Linda, filed suit against DaVita Dialysis Clinic and Dr. Trac A. Lee in the 24th Judicial District Court on Aug. 23. Goudia claims that he has been receiving dialysis treatment from DaVita Dialysis Clinic located at 148 Hector Ave. in Gretna since 2006.

The plaintiff alleges that it was common practice for the clinic to monitor him for negative side effects following treatment and that his wife would retrieve him from the clinic on days when he would experience negative side effects. Goudia asserts that on Aug. 23, 2011 he experienced severe negative side effects that were not noticed by DaVita staff until they saw he had been struggling with unlocking the door to his car for over 15 minutes. The plaintiff claims that a nurse came to assist him in unlocking his car and then allowed him to drive away from the clinic rather than contacting his wife and having her come pick him up.

Goudia's wife became concerned when he did not return from the clinic after his appointment and she called the clinic to find out he had left the premises two hours prior. She then called local law enforcement and was told he had been involved in an automobile accident.

Goudia claims to have received severe injuries in the auto accident including frequent memory lapses, chronic back and leg pain, severe headaches and frequent insomnia.

The defendant is accused of permitting the plaintiff to drive away from the clinic without first determining his condition, having actual knowledge the patient was experiencing severe side effects and letting him drive away anyway, failing to warn the patient of the dangers of driving home after the treatment and failing to contact the patient's wife when it was apparent he was not mentally of physically able to drive.

An unspecified amount in damages is sought for bodily and physical injury, pain and suffering, mental anguish, fear, emotional distress, psychological injuries, impairment of function, loss of enjoyment of life, medical expenses and lost wages.

Goudia is represented by G. Karl Bernard of New Orleans-based G. Karl Bernard & Associates, LLC.

The case has been assigned to Division L Judge Donald A. Rowan, Jr.

Case no. 718-534.

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