A Louisiana couple has won a significant medical malpractice case against a doctor and his clinic, alleging that a botched procedure caused severe and lasting injuries. Robin Oldenburg and her husband, Gair Oldenburg, filed the complaint on July 23, 2015, in the Twenty-First Judicial District Court of Tangipahoa Parish against Dr. Mohamed Elkersh and Advanced Pain Institute Treatment Center, LLC.
The lawsuit stemmed from an incident on November 7, 2012, when Robin Oldenburg visited Dr. Elkersh for a cervical facet injection at the Advanced Pain Institute Treatment Center. According to court documents, Robin experienced immediate complications following the procedure, including weakness in her right upper extremity and an inability to raise her right arm or grip with her hand. Dr. Elkersh initially attributed these symptoms to anesthetic toxicity and discharged her. However, Robin's condition did not improve by the next morning, prompting further medical evaluations that revealed spinal cord edema.
The plaintiffs alleged that Dr. Elkersh breached the standard of care required by his specialty during the procedure. A medical review panel convened on April 13, 2015, supported this claim by indicating that Dr. Elkersh failed to meet the applicable standard of care. The trial culminated in a four-day jury trial starting on August 9, 2022. The jury awarded $3,985,000 in total damages to the Oldenburgs—$2,500,000 for Robin’s past and future general damages and $200,000 for Gair’s loss of consortium damages.
Dr. Elkersh and intervenors—the Louisiana Patient’s Compensation Fund (PCF) and its Oversight Board—appealed the decision but were unsuccessful. The appellate court affirmed the trial court's judgment which included a reduced amount of $400,000 payable by PCF for excess general damages beyond statutory limits.
In their appeal, Dr. Elkersh and intervenors challenged several evidentiary rulings made by the trial judge during the initial trial. They argued that these rulings tainted the jury's verdict warranting a de novo review by the appellate court; however, their arguments were dismissed as unfounded or non-prejudicial.
The plaintiffs sought both compensatory damages for physical pain and suffering as well as loss of quality of life due to permanent disability resulting from the procedure gone wrong. Additionally, they requested compensation for past and future medical expenses related to treating Robin's condition.
Representing the plaintiffs were attorneys Katie Lewis Hebert and Amanda K. Hamm from Covington, Louisiana while Tonya Kilpatrick Gallaspy represented Dr. Mohamed Elkersh from Metairie, Louisiana.
This case was presided over by Judge Erika Sledge under Case ID Number 2015-0002245 in Division C of Tangipahoa Parish’s Twenty-First Judicial District Court.