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McGRATH v. EXCEL HOME CARE, INC.

Nos. 01-CA-1270, 01-CA-1271.

810 So.2d 1283 (2002)

Carolyn McGRATH, As Legal Tutrix of Their Minor Child, Lindsey Nicole Palmour, v. EXCEL HOME CARE, INC.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied April 15, 2002.

Attorney(s) appearing for the Case

Jacqueline G. Griffith, Glen Patrick McGrath, Griffith Battard and Johnson, New Orleans, Louisiana, for Appellants Louisiana Patients' Compensation Fund and Oversight Board, and Excel Home Care, Inc.

S. Daniel Meeks, Patrice W. Oppenheim, Metairie, Louisiana, for Appellee National Union Fire Insurance Company of Pittsburgh, PA.

Michael D. Riley, New Orleans, Louisiana, for Appellee Carolyn Mcgrath, As Legal Tutrix for the Minor Child, Lindsey Nicole Palmour.

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA and SUSAN M. CHEHARDY.

JAMES L. CANNELLA, Judge.

In this medical malpractice action filed against Excel Home Care, Inc. (Excel) and its insurer, St. Paul Fire & Marine Insurance Company (St.Paul), the Louisiana Patients' Compensation Fund and Oversight Board (the PCF), appeals from a jury verdict and judgment in favor of Plaintiffs, Carolyn McGrath (McGrath), as legal tutrix of the minor child, Lindsey Palmour, and National Union Fire Insurance Company of Pittsburgh, PA (National)....

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