Thomas v. Crawford
| Decision Date | 10 May 2023 |
| Docket Number | 55,085-CA |
| Parties | JULIE ASHLEY THOMAS Plaintiff-Appellant v. STEVE ERIN CRAWFORD, D.C. Defendant-Appellee |
| Court | Court of Appeal of Louisiana — District of US |
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JULIE ASHLEY THOMAS Plaintiff-Appellant
v.
STEVE ERIN CRAWFORD, D.C. Defendant-Appellee
No. 55,085-CA
Court of Appeals of Louisiana, Second Circuit
May 10, 2023
Appealed from the Fifth Judicial District Court for the Parish of Franklin, Louisiana Trial Court No. 45,765B Honorable Will R. Barham, Judge.
KENNETH ST. PE, APLC By: Kenneth St. Pe Counsel for Appellants, Patrick Thomas, Julie Ashley Thomas, Ashley O'Mera Thomas, Raylee Walker Thomas, and Rylan Coy Thomas
COWAN LAW FIRM, LLP By: Thomas Clifton Cowan Leah T. Therio Counsel for Appellee
Before COX, THOMPSON, and HUNTER, JJ.
THOMPSON, J.
Julie Thomas visited her chiropractor for treatment of a "crick" in her neck, which was treated with a C-1 Toggle maneuver, a chiropractic maneuver she had never before received. Immediately after the maneuver, she suffered the onset of symptoms of a stroke, which included vomiting, loss of vision, dizziness, and weakness in part of her body. The seriousness of her symptoms required that she be transported from the chiropractic office by ambulance to the emergency room at the closest hospital, and ultimately by helicopter to University Health in Shreveport, where she was diagnosed with a vertebral artery dissection and stroke. She filed a medical malpractice claim, and the medical review panel found her chiropractor did not breach the standard of care. The case proceeded to trial in district court, and following the presentation of her evidence, the trial judge granted a motion for directed verdict in favor of the chiropractor, which she now appeals. Finding that reasonable jurors could have arrived at a contrary conclusion, we reverse the trial court's grant of a directed verdict, and remand this matter for further proceedings.
FACTS AND PROCEDURAL HISTORY
Julie Thomas ("Thomas") occasionally experienced back or neck pain over the past several years and would see a Winnsboro, Louisiana chiropractor, Steve Erin Crawford, D.C. ("Dr. Crawford"), as needed on those occasions. Thomas was experiencing pain associated with what she described as a "crick" in her neck and consulted Dr. Crawford on May 4 and May 5, 2016, for treatment. Those treatments provided limited relief, and Thomas again returned to Dr. Crawford's office on May 11, 2016, for
treatment. At the time of this visit, Thomas was a 36-year-old mother of four, who was in good health and worked as an elementary school teacher.
During this visit, Dr. Crawford explained that he was going to try something different from the adjustments he had performed on her in the past. Dr. Crawford performed a chiropractic technique called the C-1 Toggle maneuver. The C-1 Toggle maneuver involved Thomas lying on her side on a special table equipped with a headrest that could be set to an appropriate height. As part of the maneuver, the headrest would then drop down, in conjunction with some force applied very quickly to her neck by Dr. Crawford, resulting in the adjustment of her C-1 vertebra.
Immediately following Dr. Crawford's performance of the C-1 Toggle maneuver, Thomas began experiencing serious symptoms, including vomiting, dizziness, vision loss, and the inability to control her body, particularly the right side. As a result of Thomas' sudden onset of symptoms, Dr. Crawford contacted Thomas' mother, who immediately drove to his office. The record indicates that after Thomas' mother arrived and observed her daughter's condition, she insisted that Thomas required immediate medical attention. Dr. Crawford's assistant contacted EMS. Thomas was transported from Dr. Crawford's office via ambulance to Richardson Medical Center in Rayville, Louisiana. From there, Thomas was airlifted to University Health in Shreveport, where it was determined that she had suffered a stroke caused by a vertebral artery dissection at the C-1/C-2 vertebrae level of her neck.
There is a factual dispute between the parties as to the way the C-1 Toggle maneuver was performed. Thomas claims that Dr. Crawford jerked
her chin toward the ceiling during the maneuver, which caused the immediate onset of her symptoms. Dr. Crawford claims that he did not jerk her chin toward the ceiling, and any contact with her chin would have been confined to positioning her head prior to performing the maneuver.
On February 7, 2018, a medical review panel convened and issued its opinion, finding that Dr. Crawford did not breach the standard of care. On March 15, 2018, Thomas filed a medical malpractice action in the district court, seeking to recover from him for the resulting medical expenses and damages that resulted from his chiropractic treatment.
On September 3, 2019, Thomas filed a motion to strike the medical review panel opinion and panel testimony at trial. Thomas' argument in favor of striking the panel opinion was that panelist Jason Abshire, D.C. ("Dr. Abshire") testified during his January 15, 2019 deposition that he found no breach of the standard of care by concluding that Dr. Crawford's version of events was correct. However, when questioned further regarding the panel's final conclusion that Dr. Crawford did not breach the standard of care, Dr. Abshire admitted that if Thomas' description of the maneuver was to be believed, then Dr. Crawford would have in fact breached the standard of care. Therefore, Thomas contended that the panel made a credibility determination by choosing to believe Dr. Crawford's version of events. Thomas argued that the contradictory accounts of the incident presented a credibility issue for the jury and asserted that the resolution of the credibility issue was not appropriate for the medical review panel. As such, the panel opinion should be struck.
On October 21, 2019, a hearing was held on Thomas' motion to strike the panel opinion and testimony at trial. Ultimately, the parties agreed to strike the medical review panel opinion, and that it would not be admitted into evidence at trial. However, the parties agreed that the medical review panelists would be allowed to testify at trial if they were subpoenaed and called as witnesses. A stipulation outlining this agreement was entered into the record.
On June 20, 2022, the jury trial began. Thomas testified at trial regarding her experience on May 11, 2016, at Dr. Crawford's office. She explained that she lay on her left side on the table with a headrest and that Dr. Crawford stood behind her and placed one hand on her head and one hand on her chin. She described the force applied by Dr. Crawford and the movement as "a quick jerk" and that her "chin went toward the ceiling." Immediately after the maneuver, Thomas testified that her right arm flopped, she became so dizzy that she could not see anything, she also immediately began vomiting, and that the room was spinning. Thomas asked Dr. Crawford if she was okay; he responded that she was okay, stating that "this happens sometimes," and you "just need to go home and sleep it off." Thomas testified that Dr. Crawford used a light to check her eyes, and specifically told her, "you're not having a stroke." Thomas described her body "flopping over," and she required a chair to be placed against a wall so she could sit down, propped against the wall, so she would not fall over.
Thomas testified that she believed Dr. Crawford's assistant called EMS after her mother arrived at his office and insisted she needed medical attention. When EMS arrived at his office, Thomas was placed on a stretcher
because she could not walk. Thomas testified that she has...
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