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BOUTTE v. JEFFERSON PARISH HOSP. SERVICE

No. 99-CA-270.

738 So.2d 1188 (1999)

Daniel J. BOUTTE and his wife, Sandra Boutte Individually and on Behalf of their minor child, Sandi Boutte, and his sons, Daniel J. Boutte, Jr. and Ernest Mamolo, III v. JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 1 d/b/a West Jefferson General Hospital, Charity Hospital in New Orleans, Jefferson Parish Hospital Service District d/b/a East Jefferson General Hospital, Hotel Dieu Hospital and Daughters of Charity Of St. Vincent De Paul, Inc. d/b/a Daughters of Charity Of St. Vincent De Paul, St. Louis, U.S.A.

Court of Appeal of Louisiana, Fifth Circuit.

July 27, 1999.

Attorney(s) appearing for the Case

C.A. Fleming, III, Metairie, Louisiana, Attorney for Plaintiffs/Appellants.

Frederick W. Bradley, New Orleans, Louisiana, Attorney for Defendant/Appellee Hotel Dieu Hospital

Panel composed of Judges EDWARD A. DUFRESNE, Jr., SOL GOTHARD and ROBERT L. LOBRANO, Pro Tempore

ROBERT L. LOBRANO Judge Pro Tem.

This case arises from a petition for damages brought by Daniel Boutte, and his wife and children, alleging that Mr. Boutte contracted the Hepatitis C virus from a blood transfusion he received from the respondent, Hotel Dieu Hospital. Appellant, Daniel Boutte, appeals the trial court's grant of the Appellee, Hotel Dieu's, exception of prescription. For the following reasons, we reverse and remand to the trial court.

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