Louisiana’s Eastern District, in Raynes v. McMoran Exploration Company and Smith v. Ledet Towing Company has recently allowed two significant general damage awards in Jones Act cases involving back injuries requiring significant surgical intervention.
In Raynes v. McMoran, the plaintiff, a worker on a fixed production platform owned by McMoran, was injured when his left foot fell through portion of a production platform which had been repaired with fiberglass. Raynes v. McMoran Exploration Company, et al., 2012 WL 1032902 (E.D. La, March 27, 2012)(Africk, J.). As a result, Mr. Raynes underwent epidural injections and two lumbar surgeries, both at the L4-L5 level. The first surgery was a facet fusion including a laminectomy, a right discectomy, and an interbody bone graft from an external source. The second surgery was an anterior/posterior fusion including a radical discectomy, interbody grafting, and internal hardware. Mr. Raines was assessed a total body disability rating of 25% by his physicians. Mr. Raynes condition did not improve despite what the Court termed two ‘serious” surgeries. The plaintiff also suffered from depression, chronic low back pain and a sleep disorder. A jury awarded the plaintiff general damages totaling $2,000,000.00 based in large part on having to undergo two ‘serious’ surgeries as a result of a ruptured disc at L4-L5. McMoran sought a new trial on damages, or alternatively remitter, however Judge Africk was unable to conclude the jury’s verdict was “entirely disproportionate to the injury sustained,” and denied plaintiff’s Motion.
Similarly, Judge Vance, of Louisiana’s Eastern District Court, in Ledet v. Smith Marine Towing Corporation, awarded a plaintiff $1,894,728.39 in total damages including$1,300,000.00 in general damages for past and future pain and suffering associated with a back injury requiring a 3-level fusion surgery and indefinite future pain management. Mr. Ledet was severely injured when a pendant wire came untied and struck the plaintiff, throwing him against the vessel’s bulwarks and knocking him unconscious. He suffered a compression fracture of the superior endplate of L1 vertebrae and a mild compression fracture at his T12 vertebrae. Mr. Ledet underwent 4 months of conservative treatment, including epidural steroid injection, but ultimately required a laminectomy and three-level surgical fusion of his T11 to L2 vertebrae. Despite the surgery, Mr. Ledet continued to complain of pain and was presented the option of having an internal pain pump installed or continued oral medication. Judge Vance found Mr. Ledet was entitled to $1,300,000.00 in general damages largely attributable to the three-level fusion performed on the 40 year old seaman. On appeal, a Fifth Circuit Court of Appeals panel, consisting of Judges Reavley, Smith and Prado, found the maximum recovery rule to be inapplicable and affirmed the judgment of the district court. The decision is available here.
Rayne and Ledet appear to demonstrate the Eastern District and Fifth Circuit’s willingness to affirm very significant general damage awards in injury scenarios typical to maritime industries. However, both decisions involved significant surgical intervention and the development of “chronic” complaints which would continue indefinitely in the future. Notably, both decisions also involved relatively young plaintiffs with significant future wage loss claims.
Author: Robert Denny