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BAILEY v. KHOURY

Nos. 2002-C-0049, 2002-C-0236.

868 So.2d 821 (2004)

Ginger BAILEY, et al. v. Dr. Gregory KHOURY, et al. Ginger Bailey, et al. v. Dr. Gregory Khoury, et al.

Court of Appeal of Louisiana, Fourth Circuit.

February 18, 2004.

Attorney(s) appearing for the Case

Martin L. Broussard, Jr., Kevin K. Gipson, Broussard and Associates, New Orleans, LA, for Plaintiffs.

Deborah I. Schroeder, Mang, Batiza, Gaudin, Godofsky & Penzato, Metairie, LA, for Defendant, Dr. Robert Ancira.

Edward J. Rice, Jr., Arthur F. Hickham, Jr., Adams and Reese L.L.P., New Orleans, LA, for Defendant, Dr. Gregory Khoury.

Jack E. Truitt, Nancy N. Butcher, The Truitt Law Firm L.L.C., Madisonville, LA, for Defendant, Walgreen Louisiana Co., Inc.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge JAMES F. McKAY III, Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD, Judge MOON LANDRIEU Pro Tempore).

(ON REMAND FROM THE SUPREME COURT)

JAMES F. McKAY, III, Judge.

In August of 1997, Ginger Bailey learned that she was pregnant. A nurse at the New Orleans Mental Health Center advised Ms. Bailey to discontinue all medications and to contact her obstetrician. On September 25, 1997, Dr. Grundmeyer, an obstetrician, confirmed that Ms. Bailey was pregnant and advised her that her unborn child would likely have birth defects. An ultrasound on October 28, 1997...

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