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DESCANT v. HERRERA

No. 2003-CA-0953.

890 So.2d 788 (2004)

Deborah DESCANT, Wife of/and Leon J. Descant, Jr., Individually and as Parents and Administrators of the Estate of their Minor Child, Edith Marie Descant v. Eduardo HERRERA M.D.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 14, 2005.

Attorney(s) appearing for the Case

Lawrence S. Kullman, Lewis, Kullman & Sterbcow, New Orleans, LA, for Plaintiff/Appellee.

Stewart E. Niles, Jr., Michelle A. Bourque, Niles, Salas, Bourque & Fontana, L.C., New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge JAMES F. McKAY III, Judge DENNIS R. BAGNERIS, Judge TERRI F. LOVE, Judge MAX N. TOBIAS JR., Judge EDWIN A. LOMBARD).

TERRI F. LOVE, Judge.

This appeal arises from a claim filed by plaintiffs, Deborah and Leon Descant, against Tulane Medical Center Hospital and Clinic and Dr. Eduardo Herrera, alleging that their baby was negligently delivered, resulting in irreversible brain damage. After the trial court directed a verdict in favor of Tulane Medical Center Hospital and Clinic, the jury rendered a verdict in favor of Dr. Herrera. This Court reversed the trial court's directed verdict...

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