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2. The Remaining $400,000 of Damages
Under Louisiana law, the Louisiana Patient’s Compensation
Fund (LPCF) pays medical malpractice awards greater than $100,000
up to a ceiling of $500,000, plus interest and additional amounts
for continuing health care costs. La. Rev. Stat. Ann. sec.
40:1299.42(B)(1) (West 2001); id. sec. 40:1299.44(A)(1), (C)
(West Supp. 2002). On April 24, 1992, the State court held that
petitioners could seek from LPCF up to $400,000, plus interest,
in connection with their malpractice claim against Pendleton
Hospital. Petitioners sued to obtain those additional damages
and interest from LPCF. On February 2, 1993, after a trial and
jury verdict, the State court entered a $500,000 judgment against
LPCF for petitioners.
On March 25, 1993, petitioners filed a motion to fix
interest and costs based on their claim that LPCF was unfairly
delaying payment of the judgment. On April 2, 1993, the State
court granted petitioners’ motion to fix interest and costs and
ordered LPCF to pay costs of $8,588, interest on $500,000 from
June 5, 1985, to March 31, 1991, and interest on $400,000 from
April 1, 1991, until paid. Petitioners’ malpractice counsel
computed the interest owed by LPCF as of March 24, 1993, to be
$407,323, with interest continuing to accrue at a rate of $76.72
per day until paid.
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Last modified: May 25, 2011