# Salvant v. State, Board of Supervisors of Louisiana State University

> Louisiana Court of Appeal · June 1, 2005 · 2004 La.App. 4 Cir. 0805

URL: https://www.frixlaw.com/law-library/cases/7776607

## Case

- **Full name:** Christy SALVANT, Individually, and as Natural Tutrix of Her Minor Son, Shawn Lewis, Jr. and Shawn Lewis, Sr. v. STATE of Louisiana, the BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY and Agricultural and Mechanical College, Louisiana State University Medical Center at New Orleans, Medical Center of Louisiana at New Orleans
- **Court:** Louisiana Court of Appeal
- **Decided:** June 1, 2005
- **Citations:** 2004 La.App. 4 Cir. 0805; 904 So. 2d 946; 2005 La. App. LEXIS 1576; 2005 WL 1398853
- **Precedential status:** Published
- **Opinion:** Dissent by Murray
- **Judges:** Armstrong, III, Jones, Kirby, McKay, Murray
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7776607

## Opinion text

| MURRAY, J.,
dissents and assigns reasons.
Because of the discrepancies in the medical chart, I share the majority’s concerns as to the accuracy of the notation that Shawn was an “ROA” presentation, upon which the medical review panel based its finding of no fault on the part of the doctors who delivered Shawn. Those discrepancies, however, were developed during cross-examination by counsel for plaintiffs, and, apparently, discounted by the trial court.
Although the severity of the brachial plexus injury in this case makes it hard to imagine that it could have occurred absent *966 the use of excessive force by the doctor who attempted to deliver Shawn, the medical review panel testified that this was not the case. The medical literature in evidence, although criticized by Dr. O’Leary, supports the panel’s testimony.
For these reasons, I cannot say that the trial court was manifestly erroneous, and would affirm the judgment dismissing the plaintiffs’ claim.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7776607. Public record. Not legal advice.