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MARTIN v. STATE, CHARITY HOSP. & MED. CTR. OF LOUISIANA AT NEW ORLEANS

No. 2000-CA-1044.

811 So.2d 3 (2001)

Lynn Ferrand MARTIN, Nialynn Ferrand Lee, Trudy Ferrand, Stephen Ferrand, Hamilton Michael Ferrand, III, and Glenda Ferrand, Individually and as 2315.1 Beneficiaries of the Estate of Hamilton Michael Ferrand, Jr. v. STATE of Louisiana, CHARITY HOSPITAL AND MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, Through the LOUISIANA HEALTH CARE AUTHORITY.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion on Denial of Rehearing February 20, 2002.

Attorney(s) appearing for the Case

Thomas B. Calvert, Thomas B. Calvert, A.P.L.C., Metairie, LA, Counsel for Plaintiff/Appellant.

Hon. Richard P. Ieyoub, Attorney General, Jude D. Bourque, Assistant Attorney General, LA Dept. of Justice, Division of Risk Litigation, Baton Rouge, LA, Counsel for Defendant/Appellee.

Court composed of Judges JOAN BERNARD ARMSTRONG, STEVEN R. PLOTKIN and DAVID S. GORBATY.

ARMSTRONG, Judge.

This is a survival and wrongful death action. The plaintiffs appeal from a dismissal. The only two issues on appeal are (1) whether the survival action prescribed and (2) whether the "blood shield statutes," La. R.S. 9:2797 and La. Civ.Code art. 2322.1, apply to the wrongful death claim. We find (1) that the survival action is not prescribed and (2) that the blood shield statutes do apply to the wrongful death action. Therefore, we will reverse in...

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