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TUCKER v. LAIN

Nos. 98-CA-2273, 2001-CA-0608 and 2001-CA-0609.

798 So.2d 1041 (2001)

James E. TUCKER, Jr., and Lydia Tucker, et al., v. Sarah G. LAIN. James E. Tucker, Jr. and Lydia Tucker, Individually and on Behalf of their Minor Child, James Tucker, III, v. Sarah Lain, M.D., Humana, Inc., and Humedicenter, Inc., d/b/a Humana Hospital-New Orleans. James E. Tucker, Jr. and Lydia Tucker, Individually and in their Capacity as Executor/Administrator of the Estate of their Minor Son, James E. Tucker, III, v. Sarah G. Lain, M.D.

Court of Appeal of Louisiana, Fourth Circuit.

September 5, 2001.

Attorney(s) appearing for the Case

Paul Rumage, Florence Bonaccorso-Saenz, The Law Office of Paul Rumage, New Orleans, LA, Counsel for Plaintiffs/Appellees.

Trevor G. Bryan, Carolyn O. Bryant, Bryan & Jupiter, New Orleans, LA, Counsel for Defendant/Appellant, Dr. Sarah G. Lain.

Peter E. Sperling, Frederick T. Greschner, Jr., Gary L. Hanes, Frilot, Partridge, Kohnke & Clements, L.C., New Orleans, LA, Counsel for Intervenor/Appellant, The Louisiana Patients' Compensation Fund.

Court composed of Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE, and Judge MAX N. TOBIAS, JR.

Judge MAX N. TOBIAS, JR.

In this consolidated matter involving medical malpractice and wrongful death actions, the Louisiana Patient's Compensation Fund (the "Fund") appeals from a trial court judgment in favor of the plaintiffs, James E. Tucker, Jr. and Lydia Tucker, individually and on behalf of the Estate of their minor child, James E. Tucker, III ("James").

After becoming pregnant for the first time, Lydia Tucker, age 38 years, chose from her employer...

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