United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED June 30, 2022 No. 21-30475 Lyle W. Cayce Clerk

Jennifer Leonard,

Plaintiff,

versus

Tyler Martin; Wadena Insurance Company,

Defendants—Appellees,

versus

Joseph W. Turnipseed, M.D.; The Spine Diagnostic & Pain Treatment Center,

Interested Parties—Appellants.

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:19-CV-827 Case: 21-30475 Document: 00516378091 Page: 2 Date Filed: 06/30/2022

No. 21-30475

Before Jones, Haynes, and Costa, Circuit Judges. Edith H. Jones, Circuit Judge: This appeal relates to a Fed. R. Civ. Pro. 45 subpoena issued to third party Dr. Joseph Turnipseed requiring him to perform patient record audits and generate data about how frequently he recommends a particular course of treatment. Turnipseed moved to quash the subpoena on undue burden grounds. The district court denied his motion to quash. He appealed. In the alternative, he sought a writ of mandamus ordering the district court to quash the subpoena. With misgivings about the district court’s substantive ruling, we DISMISS Turnipseed’s appeal for lack of jurisdiction and DENY his alternative petition for a writ of mandamus. I. This is a run-of-the-mill personal injury lawsuit arising out of a car accident. Plaintiff Jennifer Leonard alleges that Tyler Martin rear-ended her when she stopped in traffic. She sued Martin and his insurer, Wadena Insurance Company, in Louisiana state court seeking damages for injuries she allegedly sustained during the accident. Martin removed the lawsuit to federal court based on the existence of diversity jurisdiction. Turnipseed, an anesthesiologist and pain management specialist, treated Leonard for neck and back pain allegedly caused by the accident. Among other treatments, Turnipseed performed a cervical radiofrequency neurotomy on Leonard. A cervical radiofrequency neurotomy is a procedure done to reduce chronic back and neck pain that has not “improved with medications or physical therapy, or when surgery [is not] an option.” 1 According to Turnipseed, Leonard responded favorably to the cervical neurotomy and he recommended that she undergo the procedure annually

1 Radiofrequency Neurotomy, Mayo Clinic (Feb. 25, 2022), https://www.mayo clinic.org/tests-procedures/ radiofrequency-neurotomy/about/pac-20394931 (last visited April 12, 2022).

2 Case: 21-30475 Document: 00516378091 Page: 3 Date Filed: 06/30/2022

No. 21-30475

for the next five to six years. These future treatments make up a large percentage of Leonard’s life care plan and alleged damages. The defendants dispute the medical necessity of those expensive, future treatments. They suggest that Turnipseed frequently recommends annual cervical radiofrequency neurotomies over the course of several years but that few patients follow through with the treatments.