Decisions – COA – April 26, 2016

 

Emergency Medicine Associates of Jackson, PLLC and John Brooks, M.D. v. Anita Glover, as Natural Mother and Next Friend of Her Minor Son, Anthony Glover – right to an IME – 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.

The COA reverses finding that the defendants should have been allowed to conduct an IME.  “If good cause did not exist in this case, we do not see where good cause would ever exist.”

CLC of Biloxi, LLC d/b/a Biloxi Community Living Center; et al  v. Mississippi Division of Medicaid and Robert L. Robinson, in His Official Capacity as Director of Mississippi Division of Medicaid – Medicaid reimbursement –  Thirteen skilled nursing facility care providers sued Medicaid after Medicaid notified them that reimbursement rates fore 2010 would be stayed at the same level they had been in 2009. The chancellor found for Medicaid on the grounds that the plaintiffs failed to exhaust administrative remedies.  The COA affirms.

Steve Altom and Sheree Altom v. Harland JonesNatural parent presumption – When Hayden was born to Harl;and and Jessica Jones  in June of 2008, the Jones had marital problems and Jessica had severe health problems.  Hayden went to live with Jessica’s parents, the Altoms. when he was nine days old. A few months later, the Jones’ divorced.  Jessica got sole legal and physical custody of Hayden but he spent most of his time with the Altoms.  Jessica had another child, Zoey, after her divorce. In  November  2012, Jessica died in an automobile accident and  Zoey came to live with the Altoms. (The Altoms eventually got permanent custody of Zoey).  On the day after Jessica’s death, Harland filed a wrongful death lawsuit on behalf of Hayden. The Altoms went to  Youth Court  and got an order granting them temporary custody of Hayden and Zoey.   Harland then filed for custody.  At a temporary hearing, the Chancellor found that the natural parent presumption had been rebutted by clear and convincing evidence and determined that it was in Hayden’s best interests for the Altoms to have custody.  When the final hearing was held a year later,  the Court ruled that the natural parent presumption again applied,  reversed his previous decision and awarded  custody of Hayden to Harland. The Altoms appealed arguing that  the natural parent presumption cannot be applied after a previous finding that the presumption was rebutted by clear and convincing evidence.  The COA affirms.

Timmy Davis v. Statearmed robbery – Davis was convicted of armed robbery in Tunica County.  The Office of Indigent Appeals filed a Lindsey brief. Davis was given time to file his own brief and did not.  The COA affirms.

 

Pro se PCR appeals affirmed

Marvin Chandler v. State 

Eric Jones v. State

Armstrong Knight v. State

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