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LANGE v. EARL K. LONG MEDICAL CENTER

No. 97 CA 1661.

713 So.2d 1195 (1998)

Patricia LANGE, and her Husband, Christopher Lange, Individually and on Behalf of their Minor Children, Christy Lange, Steven Lange and Angel Lange v. EARL K. LONG MEDICAL CENTER.

Court of Appeal of Louisiana, First Circuit.

June 29, 1998.

Attorney(s) appearing for the Case

C.A. Fleming, III, Metairie, for Plaintiff-Appellee Patricia Lange, et ux.

Jude D. Bourque, Louisiana Department of Justice, Baton Rouge, for Defendant-Appellant Earl K. Long Medical Center.

Before LOTTINGER, C.J., and SHORTESS and FOGG, JJ.

LOTTINGER, Chief Judge.

In this action, a former patient and her family have filed suit against a state hospital alleging both negligence and strict liability in connection with a 1982 transfusion of blood tainted with the Hepatitis C virus. The district court denied the hospital's dilatory exception raising the objection of prematurity. The hospital asserted this exception contending that with regard to their allegations of negligence, plaintiffs were required by...

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