Ill employee told to wait for ride: Failure to provide maintenance and cure: Wrongful death: Judgement

Law Reporter, Oct 2002

Labat v. Mallard Bay Drilling Co., 806 So. 2d 917 (La. Ct. App. 2002).

Labat, 35, was working offshore for a drilling company when he became sick with fever, headaches, and nausea. He was sent back to shore to drive home, but advised the toolpusher-the chief rig supervisor-that he was too sick to drive. The coworker sent Labat back to the rig to wait for his wife. About five hours later, Labat was found naked and having seizures. He was diagnosed with bacterial meningitis and died seven days later. His medical expenses were covered by his employer. He had been a derrick hand, and his lost earnings were estimated at approximately $655,800. Labat is survived by his wife.

Labat's wife, individually and on behalf of her husband's estate, sued Labat's employer under the Jones Act, 46 U.S.C. (sec) 688, alleging defendant failed to provide prompt medical care to its employee under the doctrine of maintenance and cure. Specifically, plaintiffs claimed Labat was never offered local care that was a short distance from the dock and that defendant violated company policy by bringing Labat back to the rig. In addition, plaintiffs contended defendant failed to properly monitor Labat's condition after he was brought back to the rig.

A trial court dismissed the case, finding that defendant did not unfairly or improperly withhold maintenance and cure to Labat. An appellate court reversed and awarded about $1.26 million. With interest and costs, the total award is about $1.57 million.

Plaintiffs' experts were Ed Robert, offshore issues, New Orleans, La.; G. Richard Thompson, economics, Clemson, S.C.; and Mark Workman, infectious disease treatment, Marrero, La.

Plaintiffs' Counsel

*Russ M. Herman, New Orleans, La. *James C. Klick, New Orleans, La. *Sidney W. Jackson III, Mobile, Ala.