Setting the Record Straight: Right to Independent Medical Opinions Affirmed 

Leake Andersson’s litigation team continues to strengthen the rights of defendants in personal injury litigation. Our team recently secured a decisive victory before the Louisiana First Circuit Court of Appeal. In Vilardo v. Newman, et al., 2025-0251 (La. App. 1 Cir. 4/10/2025), a five-judge panel reversed the district court’s attempt to impose restrictive conditions on an independent medical examination (IME) sought by our clients.  

Attorneys Rob Bonnaffons, Jamie Hickey, and Leila D’Aquin led the appellate effort. They successfully persuaded the court that such limitations cannot be imposed without clear and competent evidence. In a concise and impactful ruling, the panel reaffirmed that: 

If an opposing party seeks to have restrictions placed on an additional medical opinion/examination, the burden shifts to that party to establish special circumstances justifying the imposition of said restrictions. In meeting this burden, one may not rely on mere allegations or speculation but should produce competent evidence establishing the need for the restrictions and the harm which could result without the same. We find plaintiff failed to produce competent evidence establishing a need for these restrictions. 

Vilardo v. Newman, et al., 2025-0251 (La. App. 1 Cir. 4/10/2025) 

The plaintiff in Vilardo failed to meet this burden. Accordingly, the First Circuit struck down the district court’s conditions.

This opinion follows on the heels of a similar decision won by Leake Andersson in August 2024, issued by a separate panel of the First Circuit. Together, these rulings strengthen the precedent ensuring that defendants have a fair opportunity to obtain an objective medical opinion regarding the extent and causation of alleged injuries. As the Louisiana Supreme Court has noted, such examination “is vital, as it may be one party’s only opportunity to independently ascertain the existence and extent of the other party’s claimed injuries.” 

Leake Andersson is proud to deliver strong results in complex litigation and appellate matters. Our attorneys remain at the forefront of shaping jurisprudence that protects fairness and due process for all parties.