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ESTATE OF PATRICK v. BD. OF SUPERVISORS

No. 2002-CC-2570.

836 So.2d 1 (2002)

ESTATE OF Andrew PATRICK, M.D., et al. v. The BOARD OF SUPERVISORS of LOUISIANA STATE UNIVERSITY.

Supreme Court of Louisiana.

November 22, 2002.

GRANTED.

Relator failed to raise, in a timely and proper manner, the issue of a link between the SV40 virus and mesothelioma being discovered after its previous testing of the tissues taken from Dr. Patrick prior to his death. Consequently, this court cannot consider that issue.

However, the lower courts erred in utilizing the test for allowing an independent medical examination (IME) to determine whether to allow...

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