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CALVERT v. SISTERS OF CHARITY

No. 32,553-CA.

738 So.2d 1237 (1999)

Jackie Kenneth CALVERT, et ux., Plaintiff-Appellee, v. SISTERS OF CHARITY OF The INCARNATE WORD d/b/a Schumpert Medical Center, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 18, 1999.

Attorney(s) appearing for the Case

Mayer, Smith & Roberts by Mark A. Goodwin, Shreveport, Counsel for Appellant.

Nelson, Hammons & Self by Cornell Flournoy, Shreveport, Counsel for Appellee.

Before WILLIAMS, GASKINS and CARAWAY, JJ.

CARAWAY, J.

This case involves a 1976 blood transfusion which allegedly resulted in the plaintiff's contracting the hepatitis C virus. The suit seeks strict liability against the defendant hospital under a products liability theory for the hospital's sale of blood. The hospital's exception to the suit seeking the application of the Louisiana Medical Malpractice Act (the "Act") and a medical review panel was denied by the trial court. Based upon our review of the legislative...

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