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McNABB v. LOUISIANA MEDICAL MUT. INS. CO.

Nos. CW03-0565, CA03-0596.

858 So.2d 808 (2003)

Richard McNABB v. LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY and Dr. Clinton E. Hart.

Court of Appeal of Louisiana, Third Circuit.

November 5, 2003.

Attorney(s) appearing for the Case

John E. Bergstedt, John Gregory Bergstedt, Lake Charles, LA, for Defendants/Respondents: Louisiana Medical

Mutual Insurance Company Dr. Clinton E. Hart.

Michael Keith Prudhomme, Thomas Patrick LeBlanc, Lundy & Davis, Lake Charles, LA, for Intervenor/Appellant/Applicant: Louisiana Patients' Compensation Fund.

Michael H. Schwartzberg, Vamvoras & Schwartzberg, Lake Charles, LA, for Plaintiff/Appellee/Respondent: Richard McNabb.

Court composed of NED E. DOUCET, JR., Chief Judge, OSWALD A. DECUIR, and MARC T. AMY, Judges.

AMY, Judge.

The plaintiff filed suit alleging injury following a procedure to remove a pterygium on his right eye. A jury found in favor of the plaintiff, awarding $300,000 in general damages. The Louisiana Patients' Compensation Fund intervened and appealed the judgment, advancing arguments regarding the substance of the verdict. Subsequently, the plaintiff and the defendant physician entered into a settlement for the physician's statutory limit under the Medical...

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