BOUTTE v. JEFFERSON PARISH HOSP. SERV.

No. 99-C-2402.

759 So.2d 45 (2000)

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 No. 2, 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.

Supreme Court of Louisiana.

April 11, 2000.


Attorney(s) appearing for the Case

Frederick William Bradley, Oreck, Bradley, Crighton, Adams & Chase, New Orleans; Counsel for Applicant.

Chester Arthur Fleming, III, Fleming & Rosamond, Metairie; Richard P. Ieyoub, Attorney General, Jude David Bourque, Baton Rouge, Antonio Edward Papale, Jr., Hailey, McNamara, Hall, Larmann & Papale, Metairie; Michael Charles Luquet, Baton Rouge, Peter J. Butler, Breazeale, Sachse & Wilson, New Orleans; Steve M. Sikich, Pitre, Halley & Sikich, Lake Charles; Anthony S. Cox, Caron, McCormick, Constants & Wilson; John Elliott Baker, Baton Rouge, Counsel for Respondent.

Erick Yukihiko Miyagi, Baton Rouge, Thomas MacDougall Womack, Counsel for Our Lady of the Lake Hospital Inc. (Amicus Curiae).

Peter T. Dazzio, Chris James LeBlanc, Baton Rouge, Counsel for Louisiana Hospital Association (Amicus Curiae).

Cornell Rushing Flournoy, John Layne Hammons, Shreveport, Counsel for John Hammons (Amicus Curiae).


MARCUS, Justice.*

Daniel Boutte received blood transfusions at Hotel Dieu Hospital (hereinafter "Hotel Dieu") in December 1981 and January 1982. Fourteen years later Boutte was diagnosed with hepatitis C virus. He was told that his disease might have been caused by blood received during transfusions performed on him while a patient at Hotel Dieu and other hospitals, if the blood used was defective (contaminated with the hepatitis virus...

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