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MILTON v. MERRELL-DOW PHARMACEUTICALS, INC.

No. 90-CA-2177.

589 So.2d 1198 (1991)

Lionel MILTON and Wilma Blackman v. MERRELL-DOW PHARMACEUTICALS, INC. and William B. Smith, M.D.

Court of Appeal of Louisiana, Fourth Circuit.

November 14, 1991.

Attorney(s) appearing for the Case

Lemle & Kelleher, H. Martin Hunley, Jr., Susan C. Northrop, New Orleans, for appellees.

Schafer & Schafer, Walker B. LeFlore, Jr., Matthew B. Collins, Jr., New Orleans, for appellants.

Before BYRNES, CIACCIO and ARMSTRONG, JJ.

BYRNES, Judge.

Lionel Milton and Wilma Blackman appeal a judgment sustaining a peremptory exception of prescription, dismissing Dr. William B. Smith with prejudice as a party defendant. We affirm.

While under the treatment of Dr. Smith at Mercy Hospital, Mrs. Leaster Milton, wife of plaintiff Lionel Milton and mother of plaintiff Wilma Blackman, participated in a study sponsored by Merrell-Dow Research Institute in which an experimental drug Enoximone was...

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