Parks et al v. Central Arkansas Veterans Healthcare System of Little Rock et al
ORDER granting in part and denying in part 31 Motion for Summary Judgment. The Court will hold a pre-trial hearing on October 21, 2011 at 4:00 p.m. in Little Rock. Signed by Judge D. P. Marshall Jr. on 10/11/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SHAINA PARKS, Individually and
as Special Administrator of the Estate
of BILLY PARKS, SR.; CASSIE PARKS;
and BILLY PARKS, JR.
UNITED STATES OF AMERICA;
and JOHN DOES 1-10
1. The United States' motion for summary judgment is granted in part
and denied in part. Plaintiffs agree that the only claim of negligence to be
considered by the Court at trial is whether the VA's failure to timely diagnose
and treat Mr. Parks's staph infection on September 6, 2008 ultimately caused
damages, including Mr. Parks's death." Document No. 43, at 16. The United
States is therefore entitled to judgment as a matter of law on all of Plaintiffs'
other negligence claims.
2. On what the Court will call the September 6th claims, the United
States' motion is denied because genuine disputes of material fact exist. First,
Dr. Quintiliani (Plaintiffs' retained expert) and Dr. Zawada (the treating ER
doctor) offer conflicting opinions about whether the VA violated the standard
of care on September 6th.
Second, Dr. Quintiliani and Dr. Gelfand
(Defendant's retained expert) offer differing opinions on whether the two-day
delay in diagnosing the staph infection caused Mr. Parks's death. Proximate
cause is usually for the fact-finder. E.g., Arthur v. Zearley, 337 Ark. 125, 135,
992 S.W.2d 67, 73 (1999). The mostly undisputed historical facts, Document
Nos. 33 & 44, and the conflicting causation opinions of Drs. Quintiliani and
Gelfand create a fact issue on proximate cause in this case. Compare Ford v. St.
Paul Fire & Marine Insurance Co., 339 Ark. 434,438-39,5 S.W.3d 460,463 (1999)
(expert unable to testify, within a reasonable degree of medical certainty, that
patient would have survived but for delayed surgery).
Motion, Document No. 31, granted in part and denied in part. The
Court will hold a pre-trial hearing on 21 October 2011 at 4:00 p.m. in Little
11 October 2011
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