DAVID v. OUR LADY OF THE LAKE HOSP. INC.

No. 2002-CC-2675.

849 So.2d 38 (2003)

Rocky Wayne DAVID v. OUR LADY OF THE LAKE HOSPITAL, INC.

Supreme Court of Louisiana.

July 2, 2003.


Attorney(s) appearing for the Case

Eugene R. Groves, William S. McKenzie, Erick Y. Miyagi, Taylor, Porter, Brooks & Phillips, Baton Rouge, Counsel for Applicant.

Keith D. Jones, Jones, Aaron & Smith, Baton Rouge, Counsel for Respondent.

Clark R. Cosse, III, Baton Rouge, Counsel for amici curiae Louisiana Hospital Association and Metropolitan Hospital Council of New Orleans.

Peter T. Dazzio, Chris LeBlanc, Baton Rouge, Counsel for amicus curiae Louisiana Hospital Association Medical.

John E. Baker, Counsel for amicus curiae Louisiana Patient's Compensation Fund Oversight.

John O. Pieksen, Jr., Jack M. Stolier, New Orleans, Counsel for amicus curiae Rural Hospital Coalition Inc.

Stephen G. McGoffin, Daniel C. Palmintier, Lafayette, David R. Sobel, Alexandria, Counsel for amici curiae HCA Health Services of LA Inc., Doctors Memorial Hospital, North Monroe Hospital, Lakeview Medical Center L.L.C., Lakeview Regional Medical Center, Highland Park Hospital, Medical Center of Baton Rouge, Inc., Lakeside Hospital, Women's and Children's Hospital Inc., Galen Medical Inc., Women's and Children's Hospital (Lake Charles), Highland Hospital (Shreveport), Christus Health, Christus St. Frances Cabrini Hospital, Christus St. Patrick Hospital, Christus Schumpert Health System, Voluntary Hospitals of America Inc.


WEIMER, Justice.*

We granted this writ to consider whether an individual who contracted hepatitis C from a blood transfusion administered by a hospital in 1979 can bring an action for damages 20 years later if the hospital is held strictly liable for providing contaminated blood. Finding that the prescriptive period of three years1 provided in LSA-R.S. 9:5628 bars...

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