Oral arg. – COA -March 2, 2016

At 9:30 the COA will hear the case of Emergency Medicine Associates of Jackson, PLLC and John Brooks v. Anita Glover as mother and next friend of Anthony Glover

In December 2011 Anthony Glover presented to the Baptist ER (staffed by Emergency Medicince Associayes of Jackson).  Dr. Brooks diagnosed with with molluscum contagiosum,  a virus that causes small, itchy skin bumps.  Dr. Brooks wrote a prescription for a cantharidin-based compound called Verr-Canth to be applied “as directed by pharmacy.”  The prescription could not be filed at a local drug store.  Glover took the rx to Marty’s Pharmacy & Compounding Center which was able to compound cantharidin.   Marty’s called Dr. Brooks and they agreed to a .7 percent solution. MArty’s prepared the solution but failed to put any instructions on the drug.  Mrs. Glover applied it liberally to the affected area, and not sparingly to the individual bumps, and the whole area blistered.  Anthony ended up in a Georgia burn center with 2d degree burns to 16% of his body.  The medical bills were $116,000. A jury awarded the plaintiffs  $1,500,000 for economic losses like his family’s medical bills and future lost wages, and $2,000,000 in noneconomic damages, which included pain and suffering and allocated 75% of the fault to EMA (Marty’s apparently settled before trial).  The trial court  applied the statutory noneconomic damages cap of M.C.A. § 11-1-60(2)(a) to reduce the non-economic  portion of the award to $500,000.00 leaving a total judgment as modified of $1,625,000.00.

EMA and Dr. Brooks appealed arguing that they should have been allowed to conduct an independent medical exam; that the damages were not supported by the evidence; that the jury should have been given an instruction on superceding cause (that the negligence of the pharmacy in failing to provide instructions was the sole cause of the burns); and that the non-economic damages should have been discounted by the percentage of fault attributable to Marty’s.  The Glovers cross appeal regarding the cap to non-economic damages.

EMA Assoc.’s brief

The Glovers’ brief

EMA’s reply 

Glover’s reply to cross-appeal

Amicus brief filed by Mississippi Health Care Association, Mississippi Nurses Association, Mississipppi Hospital Association and Mississippi State Medical Association supporting the caps on non-economic damages

 

Watch the argument here

Phillip Thomas watched the argument and offers his thoughts here. 

One thought on “Oral arg. – COA -March 2, 2016

  1. Pingback: Court of Appeals to Decide Caps? | Mississippi Litigation Review & Commentary

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