Craig J. Robichaux
Top rated Medical Malpractice attorney in Mandeville, Louisiana
Talley, Anthony, Hughes & Knight, LLC
Practice Areas: Medical Malpractice, General Litigation, Construction Litigation; view more
Licensed in Louisiana since: 1985
Education: Louisiana State University Paul M. Hebert Law Center
Selected to Super Lawyers: 2021 - 2024 Call today:
985-624-5010
Talley, Anthony, Hughes & Knight, LLC
2250 7th StreetMandeville, LA 70471 Visit website
Details
A consummate professional with nearly four decades of legal experience, attorney Craig J. Robichaux fulfills the role of managing partner at Talley, Anthony, Hughes & Knight, LLC,– the third person to occupy this position in surpassing the firm's one-hundred-year timeline.
Mr. Robichaux serves clients throughout New Orleans, Louisiana, and he focuses his practice primarily on health care litigation. He continues to handle other state and federal complex civil claims involving medical malpractice, insurance litigation, construction litigation, business disputes, personal injury and succession/trust litigation.
Majoring in finance and litigation, Mr. Robichaux completed his Bachelor of Science in 1982 at Louisiana State University. He pursued his legal education and graduated in 1985 from the Louisiana State University Paul M. Hebert Law Center, where he was a part of the Louisiana Law Review and a recipient of several scholarships. Soon after, he worked as a law clerk for Judges Fred A. Blanche Jr. and Luther F. Cole of the Supreme Court of Louisiana.
Board-certified in civil trial advocacy by the National Board of Trial Advocacy, Mr. Robichaux pursued his Master of Law degree at Pepperdine University Caruso School of Law, Straus Institute for Dispute Resolution, amidst the COVID-19 closure and since then, incorporating alternative dispute resolution has immensely helped him enhance his litigation practice.
Licensed in Louisiana since 1985, Mr. Robichaux has also appeared before the United States Supreme Court, the United States Court of Appeals for the 5th Circuit and the Supreme Court of Louisiana. His pro hac vice admissions include Texas, Mississippi and Florida. Additionally, he has experience serving as a Special Prosecutor for the Louisiana State Board of Chiropractic Examiners and as a Special Assistant Attorney General for the state of Louisiana.
Mr. Robichaux is a proud fellow of the American College of Trial Lawyers and a board member of the Louisiana Association of Defense Counsel – Medical Malpractice Group. He also holds memberships in the Louisiana Association of Business and Industry, the Pennsylvania Interscholastic Athletic Association and the Louisiana Association for Justice.
In order to bestow legal assistance to neglected sectors, Mr. Robichaux serves as a founding partner at SELA Dispute Resolution, where he zones in on divorce facilitation and high-discord co-parenting teaching. Moreover, he is the District Chairman of The Boy Scouts of America since 2000.
Honoring his professionalism and accomplishments, Mr. Robichaux has been rated AV Preeminent* through Martindale-Hubbell and "Excellent" on Avvo.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ falls into two categories – legal ability and general ethical standards.
Practice areas
Personal Injury - Medical Malpractice: Defense, General Litigation, Construction Litigation: Business, Family Law, Health Care, Insurance CoverageFocus areas
Child Support, Construction Defects, Custody & Visitation, Delayed or Incorrect Diagnosis, Divorce, Father's Rights, Informed Consent, Litigation, Marital Property, Mediation & Collaborative Law, Medical Malpractice, Prenuptial Agreements, Restraining Order
- 40% Personal Injury - Medical Malpractice: Defense
- 20% General Litigation
- 10% Construction Litigation: Business
- 10% Family Law
- 10% Health Care
- 10% Insurance Coverage
First Admitted: 1985
Professional Webpage: https://www.talleyanthony.com/craigjrobichaux/
Bar/Professional Activity:
- Louisiana Courts of Appeal
- United States Supreme Court
- United States Fifth Circuit Court of Appeals
- United States District Court of Louisiana
- Supreme Court of Louisiana
Educational Background:
- Louisiana State University, B.S. in Finance and Accounting, 1981
- LL.M Pepperdine Law - Straus Institute: Dispute Resolution, 2021
Scholarly Lectures/Writings:
- In 1981, the Supreme Court of Louisiana in the landmark case of Danos, 402 So.2d 633 (La. 1981) held that a cause of action for the wrongful death of a fetus in utero existed. The article reports on developments in case I have litigated related to this area of the law, including Cox v. Gaylord Container Corporation, 2003-0692 (La. App. 1 Cir. 2/23/04), 897 So.2d 1, the issue was whether a child born alive could assert an in utero negligence claim against her mother for an alleged in utero injury caused by the mother’s negligent conduct while in the course and scope of her employment. the article also explores various causes of action arising in fetal demise cases, Author, www.talleyanthony.com/craig-robichaux-featured-in-lha-impact-lawbrief/, LHA Impact LawBrief, 2016
- Presentation of recent cases litigated in the area of medical malpractice, including issues related to retain surgical items, issues related to "overlapping" medical specialties and expert qualifications, and the line between technician negligence and what constitutes the practice of medicine in the context of interpreting an 18 week anatomical fetal ultrasound, Presenter, LADC - Developments in Medical Malpractice, 2016
Special Licenses/Certifications:
- National Board of Trial Advocacy, 2018
- Louisiana Board of Chiropractic Examiners, Special Prosecutor
- State of Louisiana, Special Assistant Attorney General, Appointee
Verdicts/Settlements (Case Results):
- Mr. Robichaux defended an Orthopedic Surgeon who performed a total hip replacement which resulted in a fairly significant leg length discrepancy. After a hard fought jury trial lasting 5 days, the jury returned a verdict for the defense, 2019
- Mr. Robichaux defended an ED physician in a claim of medical malpractice related to her care of a patient that allegedly experienced a central cord injury resulting in paralysis. After a 5 day jury trial, there was a verdict for the defense, 2019
- Mr. Robichaux represented a spouse in a complex insurance agency valuation in a contested community property partition. A favorable valuation was obtained, 2019
- Mr. Robichaux defended a regional hospital and its staff in a IV infiltration case. Following an adverse jury verdict, the district court granted a new trial finding that the jury's verdict was improper. The matter is currently on appeal, 2019
- Craig Robichaux successfully prosecuted (and defended) a complex highway construction case between the general contractor and one of its subcontractors. Mr. Robichaux represented the general contractor. The central issue involved an allegation by the sub that the general had violated Louisiana’s Prompt Payment Statute, thus justifying it walking off the job. Other issues included wrongful liens, delay damages for both parties against the other, and claims for attorney fees and costs. Following trial in federal court, a 7-person jury returned a unanimous verdict finding the subcontractor was in default and that the general had paid properly. Delay damages of over $600,000 claimed by the sub were dismissed and the general was awarded over $60,000 in backcharges and delay damages. The sub did recover a small amount on a non-contract claim of damage to its work occurring while it was off the job, 2017
- Mr. Robichaux represented a spouse in a complex business valuation of a multi-million dollar marine services business as part of a community property partition suit. A favorable valuation was obtained, 2019
- Craig Robichaux represented Hummel Holdings, LLC et al against the Sewerage and Water Board of New Orleans in a preliminary and permanent injunction matter dealing with the S&WB's improper and excessive utility charges, 2019
- Craig Robichaux defended several unnamed nurses at a Level II trauma center in an ED case, with a presentation of stroke (later determined to be Gillian Barre Syndrome). The issue was whether the nursing care was substandard when a physician ordered a floor nurse to “assess” for swallow in an NPO patient, and the nurse use apple sauce to assess. It was alleged the patient aspirated, required prolonged ventilator support, a tracheostomy, and that her ultimate death was related to the initial aspiration event. The defense focused on the fact that the physician had ordered the assessment and that to not assess the patient at the time would have maintained her NPO for over 24 hours (she was severely malnourished), or would require a very painful and difficult NG tube placement given the presence of a Zinker’s Diverticulum. The jury returned a unanimous verdict for the hospital in approximately 1.5 hours
- Craig Robichaux defended a board certified Obstetrician in a case involving a 2.5 minute shoulder dystocia resulting in a permanent brachial plexus injury. The shoulder dystocia was timely recognized and management was in accordance with ACOG guidelines. The issue was whether excessive traction was applied to the infants head resulting in the injury. The case involved experts from opposite sides of the OB/GYN debate on the use of traction during maneuvers associated with relieving the dystocia. The jury was out approximately 2 hours and returned a defense verdict by a 10-2 margin, 2018
- Mr. Robichaux defended a Nephrologist who was alleged to have misdiagnosed a UTI in a patient with renal insufficiency. The issue for the court was whether antibiotics should have been prescribed on a contaminated urine sample without any clinical symptoms of an infection. Following a bench trial, the court ruled that the nephrologist followed the applicable standard of care in not prescribing antibiotics without clinical indications
- Faced with a negative MRP opinion against their oncologist client, Mr. Robichaux was able to convince a St. Tammany Parish Jury that there was no malpractice. In its simplest terms, the oncologist did not err when he continued Herceptin in the face of a declining ejection fraction. Remission on Herceptin was approximately 50% with only a 2% risk of congestive heart failure. The patient experienced a complication from the drug, but that did not cause her death. She ultimately died from the disease. Reported in 33 No. 10 Verdicts, Settlements & Tactics art. 10
- Mr. Robichaux was successful in defending a radiologist in what they termed an “acceptable miss” case. The plaintiff claimed he was suffering from visual field distortion and underwent a CT scan. The radiologist failed to note a relatively small meningioma, which was clearly visible on the scan. A favourable MRP concluded that there was no deviation in the standard of care in that the finding was incidental. The trial court agreed following a 2-day bench trial. Reported in Verdicts, Settlement & Tactics, 35 No. 4 Verdicts, Settlements & Tactics NL 12
- Craig Robichaux obtained a favorable verdict for a board certified Gynecologist in a case where, during a transvaginal hysterectomy there was a bladder vesicostomy. Recognizing the surgical complication timely intra-operatively, the gynaecologist undertook to repair the opening. After completing the repair, and in testing the repair, it was determined that the left ureter was not flowing satisfactorily. A urological consult was obtained and after stent placement, the vesicostomy was revised. The issue was whether an immediate urological consult should have taken place as the vesicostomy was in the trigone near the ureters. The defense focused on the fact that it was within the scope of practice for gynaecologists to make such repairs without urological consult, and that delaying the repair would expose the patient to added surgical and anaesthesia risks. The jury returned a unanimous verdict for the hospital in approximately 30 minutes, 2017
- Craig Robichaux was able to secure a summary judgment in favor of an ED physician in a case that had lingered with prior counsel for 18 years. The patient was previously seen in the Ed by the physician and discharged. Later that day he was rushed to the ED by ambulance in arrest. An autopsy reported that the patient had an acute hemorrhagic edematous epiglottitis obstructing the glottis. The interesting issue in the case was that the patient was not married, but had a common-law wife, something not recognized in Louisiana. Allegedly the two had an illegitimate child. Under the law, the illegitimate must institute a filiation action within 1 year of the death. This was never done. The trial court dismissed the suit as the filiation action had prescribed, 2018
- Craig Robichuax defended the nurses at a Level II trauma center in a cardiac catheterization case. The patent, who was unable to be catheterized due to heavy calcification, suffered problems with hemostasis and ultimately developed a bleed from the stick site. It was alleged the nurses failed to closely monitor the site in accordance with physician orders. The defense focused on the fact that the level of monitoring decreased the further the patent was temporally from the operation, and that at the time the bleed was observed (more than 9 hours post-op) routine monitoring every hour was indicated as hemostasis was achieved and maintained for nearly 4 hours prior to them through the application of a Fem Stop. The jury returned a unanimous verdict for the hospital in approximately 1.5 hours
- Mr. Robichaux defended an Ob/Gyn who, while performing a total abdominal hysterectomy, damaged the ureter. Although injury to the ureter is a known complication of the procedure, the allegations were a delay in diagnosis of the injury. Following a bench trial, the court ruled that even assuming there as a delay, the delay did not cause the patient any damage
- Craig Robichaux defended an anaesthesiologist who was accused of malpractice because of an injury to the phrenic nerve in an interscalene block ordered by the surgeon for post-operative pain following shoulder surgery. Troubling in the case was the absence of detailed medical records related to the procedure itself and the outpatient surgery center’s operating documents requiring such paperwork. The jury did not find malpractice in spite of a MRP that had a question of fact due to the missing record
- Craig Robichaux obtained a jury verdict exonerating an Ob/Gyn in a case involving an alleged retained vaginal sponge found and removed 30 days after a successful vaginal delivery. This was a case where the Medical Review Panel came back with a negative panel opinion against the physician. Interesting in the case was the defense of the application of Res Ipsa. Rather than rule the application was unwarranted in the case, the trial court submitted the factors to the jury for resolution. Reported in the Personal Injury Verdict Reviews
- Craig Robichaux successfully obtained a summary dismissal of a medical malpractice case because the plaintiff failed to follow the new summary judgment rules. The hospital defendants filed a “no expert” summary judgment motion, which was opposed by the plaintiff. Unfortunately, the opposing physician affidavit was absent any facts and as such was incompetent. Outside of the delay for opposition, the plaintiff attempted to file the opposing physician’s expert report, which was not in affidavit form. The court found the original affidavit conclusory and incompetent and the report both untimely and in improper form. The case was dismissed, 2018
- Craig Robichaux defended a general surgeon in a truly tragic case. The patient, who had chronic polycythaemia vera (an early form of leukaemia) developed an inguinal hernia and accepted an elective TEP repair. The procedure went without complications and the post-operative period was uneventful. 20 hours later he was rushed to the ED and coded on the ramp. On autopsy, 2 litres of blood was found in the retroperitoneum. It was alleged that the general surgeon failed to understand the underlying disease process and its increased risk of bleeding, but merely treated this patient as any other TEP patient. Complicating the situation was the fact that the patient was allowed to remain on aspirin. The defense focused on the fact that the event was a significant time from the surgery without any intervening evidence of bleeding complications. The acuteness of the event lead the Ed physician to suspect PE and to administer tPA, which likely lead to additional bleeding prior to death. Finally, there was a belief that the patient experienced DIC secondary to MI. The jury returned a verdict on causation in favour of the physician after nearly 5 hours of deliberations
- Craig Robichaux successfully defended several unnamed nurses at a Level II trauma center in an ED case, with a presentation of stroke (later determined to be Gillian Barre Syndrome). The jury returned a unanimous verdict for the hospital in approximately 1.5 hours. Substituting her judgment for that of the jury, the trial judge granted a JNOV, conditional new trial. On appeal, the Court of Appeal unanimously reversed and reinstated the jury verdict. The case is cited as Myles v. Hospital Service District No 1 of Tangipahoa Parish, 2017-1014 (La. App. 1 Cir. 4/6/18), ____ So.3d ____ , 2018
- Mr. Robichaux defended an orthopaedist who was alleged to have been negligent in performing ORIF of an ankle fracture through active fracture blisters. As a result, it was alleged, the patient developed an infection which cultured out serratia marcescens. Although post-operative wound infections is a known risk of the procedure, published literature suggests that in the presence of fracture blisters definitive treatment should be delayed so as to allow healing to occur. Literature suggests that the presence of fracture blisters increases the risk of infection. Mr. Robichaux was able to demonstrate at the time the patient was referred to wound care, bloodwork was normal and did not support active infection. Thereafter, superficial cultures demonstrated serratia. Given that the patient lived in the country and used untreated well water, coupled with the fact that he was a taxidermist, the inference was the infection was acquired at home not at the time of the surgery. The jury returned a defense verdict in less than 30 minutes
- Mr. Robichaux defended an Internal Medicine physician who was accused of failure to monitor the long term prescription of Reglan. The patient subsequently developed Tardive Dyskinsia. In defense of the case, the defense focused on the fact that the physician had adequately monitored the patient over the term of his care, frequently conducting IM neurological assessments, and that the development of TD occurred long after his care had ceased. The jury returned a unanimous verdict in favor of the physician. Reported in Verdicts, Settlement & Tactics, 31 No. 6 Verdicts, Settlements & Tactics art
- In another case with a negative Medical Review Panel Opinion against his client, Craig Robichaux won an orthopaedic case involving a complicated mid-foot fracture. This case was tried in Tangipahoa Parish, and the jury took less than 30 minutes to return a unanimous verdict in favour of the defendant physician. Interesting in the case was the trial court’s ruling that the physician defendant would not be recognized as an expert in spite of the clear language in the Malpractice Act allowing the physician to qualify
Representative Clients:
- Hospital Service District No. 1 of Tangipahoa Parish, 2019
- LAMMICO, 2019
Pro bono/Community Service:
- Chairman of the Board, Our Lady of the Angels Hospital, 2019
- Craig serves as Vice-Chairman of the Board of Our Lady of the Angels Hospital, one of the safety net hospitals in partnership with the State of Louisiana
- Craig serves on the Executive Committee of the Boy Scouts of America (Istrouma Council) for more than 15 years. Craig has also served as District Chairman, the highest ranking volunteer in scouting. Craig has obtained the Silver Beaver Award. He has attended three National Jamborees, serving on staff in 2001, as Scoutmaster in 2005 and as a volunteer in 2010. He has taken three crews to Philmont
Honors/Awards:
- Fellow, American College of Trial Lawyers, 2021
- 1984, Exxon Foundation Scholarship; 1984, James K. Harrison Memorial Scholarship; 1985, Law Faculty Scholarship; Activities and Societies: Phi Alpha Delta; Louisiana Law Review, Graduated
- Nominated and accepted membership in group that has prosecuted or defended multi-million cases, America's Top 100 High Stakes Litigators, 2018
Industry Groups:
- Construction
- Healthcare
- Trusts
Selections
4 Years Super Lawyers
- Super Lawyers: 2021 - 2024
