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STATE EX REL. DEPT. OF SOCIAL SERV. v. SOUTHERN BAPTIST HOSP.

Nos. 94-CA-2228, 94-CA-2229.

663 So.2d 443 (1995)

STATE of Louisiana Through the DEPARTMENT OF SOCIAL SERVICES on Behalf of the Minor Child, Eric HARDEN v. SOUTHERN BAPTIST HOSPITAL. Robert A. HARDEN v. SOUTHERN BAPTIST HOSPITAL, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied January 26, 1996.

Attorney(s) appearing for the Case

Robert A. Caplan, Lewis & Caplan, New Orleans and Evan F. Trestman, New Orleans, for Plaintiff/Appellant.

C. William Bradley, Jr., Richard E. Gruner, Jr., Lemle & Kelleher, New Orleans, for Defendant/Appellant.

Leonard H. Rubenstein, New Orleans, and Richard A. Thompson, Deborah E. Lavender, New Orleans, for Appellee.

Before PLOTKIN, JONES, WALTZER, LANDRIEU and MURRAY, JJ.

PLOTKIN, Judge.

In this appeal of a medical malpractice case, this Court is asked to do three things: (1) determine the validity of a compromise agreement involving a minor, (2) decide the proper award of damages for two different claimants, and (3) apportion a limited fund between those two claimants.

I. Facts

These consolidated wrongful death and survival actions arose out of the May 11, 1988 death of Mary Silvia Harden at Southern Baptist...

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