A man’s visit to a medical clinic for routine blood work has turned into a prolonged legal battle over alleged negligence. Gary Davis filed a complaint against Dr. Bryan Barrett, operating as Central Stat Care, in the 19th Judicial District Court of East Baton Rouge Parish on March 26, 2014. The case centers around an incident that occurred on May 19, 2012, when Davis claims he suffered injuries due to improper care during his visit to the clinic.
On that day, Davis visited Central Stat Care for blood work and was attended by Sarah Russem, a nurse technician employed by Dr. Barrett. According to court documents, Davis began feeling abnormal while Russem was drawing his blood. Despite informing her of his dizziness and light-headedness, he was instructed to move to an examination table. Shortly after moving to the table and lying down as directed, Davis fell off and sustained injuries to his head, neck, and left shoulder.
Davis alleges that Russem violated legal standards of negligence applicable to nurses by leaving him unattended before he had fully recovered from his symptoms. He contends that this lapse in care led directly to his fall and subsequent injuries. The plaintiff's petition outlines ongoing medical treatment required for these injuries and seeks damages from Dr. Barrett.
Dr. Barrett responded with a motion for summary judgment on April 19, 2023, arguing that the expert testimony provided by Davis did not meet the burden of proof required under Louisiana law (La. R.S. § 9:2794). In support of this motion, Dr. Barrett presented deposition testimonies from several individuals involved in the case including Davis himself; Sarah Russem; Dr. Charles Kaufman, Davis’s treating neurologist; Diane Meehan, Davis’s nurse expert; and Dr. Ronald Coe, the emergency room physician who treated Davis post-incident.
Russem testified that she stayed with Davis until he appeared to have recovered—his color improved and sweating ceased—before stepping away briefly to label blood samples within arm's reach of him in the small examination room. She asserted that she never left the room entirely and immediately called for Dr. Barrett upon hearing a "loud slap" indicating Davis had fallen.
Despite these assertions, Meehan maintained that Russem breached the standard of care by not ensuring another person was present or staying with Davis until he fully recovered from his vasovagal response—a condition characterized by fainting due to decreased blood flow to the brain.
However, conflicting expert testimonies complicated matters further: Dr. Kaufman could not definitively link Davis's fall to a vasovagal event or confirm any lasting impact directly caused by it; instead suggesting potential underlying conditions like seizure disorders might be at play.
Ultimately though—after reviewing all submitted evidence—the trial court granted summary judgment in favor of Dr.Barrett on September11th ,2023 dismissing all claims brought forth by GaryDavis .This decision prompted an appeal where multiple errors were assigned challenging both procedural aspects & substantive conclusions drawn during initial proceedings .
Representing parties include Benjamin P.Mouton & Eric E .Helm advocating on behalf plaintiff/appellant while Vance A.Gibbs,Randal R.Cangelosi,& Jason R.Cashio defended appellee alongside Karen M.Fontana Young presiding judge overseeing case being Honorable Richard “Chip” Moore III under docket number 629271.