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As Reported in New Orleans in :
Defamation decision reversed
Jury had awarded doctor $6 million
By Lynne Jensen
Staff writer/The Times-Picayune
An Orleans Parish Civil Court judge Thursday reversed a July jury decision that awarded a local cardiologist $6 million after
claims that Mercy Hospital wrongly suspended him after a 72-year-old woman died during an angioplasty procedure. Ad hoc
Judge Louis DiRosa will issue written reasons in a few days, a court spokesman said.
During the trial, Dr. Bahram Zamanian said the hospital and two of its doctors defamed him by unfairly twisting a peer review
process to fault his actions.
Bruce Cranner, the attorney representing the hospital and the peer review doctors, said DiRosa's reversal "reaffirms the peer
review."
"It's a victory for physicians and scientists who participate in peer review," Cranner said. "This protects the citizens of Louisiana
and of the United States who seek health care."
Marc Winsberg, an attorney representing Zamanian, along with lawyer Kyle Shonekas, said they will appeal DiRosa's ruling.
"It was very disappointing that the jury could hear the case for four weeks and reach a decision and that the judge could wipe it
out with the stroke of a pen," Winsberg said.
Shonekas said he expected the reversal. "This judge expressed dislike of our case throughout the presentation," Shonekas said.
"But we're optimistic. We fully expect to have the verdict reinstated."
Daisy Maris died during surgery in April 1993 after part of the balloon catheter broke and lodged in her heart. Schonekas and
Winsberg said during the trial that hospital administrators wrongly brought in cardiologists who compete with their client to
review the incident and, in at least one case, wrongly reported that a doctor concluded Zamanian had provided substandard
care.
Zamanian, a former cardiology fellow at Louisiana State University, said the hospital, part of Memorial Medical Center, wanted
to get rid of him because he refused to keep costs down by quickly discharging patients.
The defamation case is unusual because state and federal laws shield doctors involved in peer reviews from liability most of the
time. Those who feel wronged typically must show that doctors acted with malice or bad faith, which is not easy.
It took the jury two hours to conclude that the hospital was liable for half of the $6 million award, and assessed 40 percent to
Dr. Vincent Culotta Jr. and 10 percent to Dr. Nicholas Angelica.
"The $6 million award is gone," Cranner said. "We will respond to any appeal that is claimed and respond vigorously."
09/22/00
The previous story in the Times-Picayune follows, with a link to a page with the Court of Appeals Decision about the bad faith peer review immunity question:
Doctor wins lawsuit
Hospital to appeal defamation verdict
By Pamela Coyle
Times-Picayune staff writer
A New Orleans jury has awarded $6 million to a local cardiologist who claimed Mercy Hospital wrongly suspended him in
1993 after a 72-year-old woman died during an angioplasty procedure.
The jury concluded the hospital and two of its doctors defamed Dr. Bahram Zamanian by unfairly twisting a peer review
process to find fault with his actions. The hospital and the doctors Friday vowed to appeal.
Zamanian, a former cardiology fellow at Louisiana State University, said Mercy, now part of Memorial Medical Center,
wanted to get rid of him because he refused to keep costs down by quickly discharging patients from the hospital.
Daisy Maris died during surgery in April 1993 after part of the balloon catheter broke and lodged in her heart. Attorneys Kyle
Schonekas and Marc Winsberg, who represent Zamanian, said hospital administrators
Rare case decided
...wrongly brought in cardiologists who compete with their client to review the incident and, in at least one case, wrongly reported
that a doctor concluded Zamanian had provided substandard care.
Winsberg said the hospital also set up impossible conditions for Zamanian to meet before it would restore his privileges there.
"More importantly, they lied," Schonekas said.
The jury deliberated about two hours Thursday afternoon after hearing four weeks of testimony.
Bruce Cranner, an attorney for the hospital and the two doctors, said his clients "are very
disappointed" and will pursue every
option they have, including motions asking the judge to toss out the verdict and appeals to higher courts.
"We will appeal until we can appeal no more," Cranner said.
Zamanian, 58, of Metairie, has a private practice and now works out of Kenner Regional Medical Center. His patient's family
sued the hospital and the catheter maker but the malpractice litigation was dismissed.
The defamation case is unusual because state and federal laws shield doctors involved in peer reviews from liability most of the
time. Those who feel wronged typically must show doctors acted with malice or bad faith, which is not easy.
The 4th Circuit Court of Appeal in 1998 ruled Zamanian's case could go to trial because peer review committee members may
have acted with malice or lacked good faith, which was a fact for the jury to decide.
Zamanian's attorneys said it is the only such case to go to trial in Louisiana.
They had asked for $6.4 million - half for lost income and half for defamation, saying the incident had been the talk
to the medical community and wrongly hurt Zamanian's reputation. The jury came back with $6 million, concluding the hospital was
liable for half of it, and assessing 40 percent to Dr. Vincent Culotta Jr. and 10 percent to Dr. Nicholas Angelica.
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