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ARMAND v. STATE DEPT. OF HEALTH

No. 2000 CA 1457.

822 So.2d 671 (2002)

Susan ARMAND, Individually and on Behalf of Her Minor Son, Derek Armand v. STATE of Louisiana Department of Health and Human Resources and Earl K. Long Memorial Hospital, et al.

Court of Appeal of Louisiana, First Circuit.

June 21, 2002.

Attorney(s) appearing for the Case

John E. Morton, Alexandria, Counsel for Plaintiffs/Appellants Susan Armand and Derek Armand.

Richard P. Ieyoub, Attorney General, W. Luther Wilson, Special Assistant Attorney General, Baton Rouge, J. Elliott Baker, Assistant Attorney General, New Orleans, Counsel for Defendant/Appellee State of Louisiana, Department of Health and Human Resources, et al.

Before: FOGG, GUIDRY, and SHORTESS, JJ.

SHORTESS, J.

This appeal places at issue the constitutionality of Louisiana Revised Statute 40:1299.39, which limits the liability of state health-care providers in a medical-malpractice action for general damages and lost wages to a $500,000 statutory cap.

PROCEDURAL HISTORY

This matter has been before us previously on different issues. The facts are detailed in a prior opinion and will not be repeated here. In Armand v. State

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