WALKER v. BOSSIER MEDICAL CENTER

No. 38,148-CA.

873 So.2d 841 (2004)

Aiko WALKER, et al, Plaintiffs-Appellants v. BOSSIER MEDICAL CENTER, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

May 12, 2004.


Attorney(s) appearing for the Case

John L. Hammons, Shreveport, Annis C. Flournoy, for Appellants.

Rene' J. Pfefferle, Baton Rouge, for Appellee, Bossier Medical Center.

Cynthia C. Anderson, Joseph S. Woodley, Shreveport, for Appellee, Lifeshare Blood Centers.

Department of Justice, Richard P. Ieyoub, Attorney General, Merrick J. Norman, Jr., John E. Baker, Assistant Attorney Generals, for Appellee, State of Louisiana.

Before BROWN, WILLIAMS, STEWART, DREW, and LOLLEY, JJ.


BROWN, C.J.

The issue in this case is whether the trial court erred in sustaining defendant's exception of prescription and dismissing plaintiffs' action. To make this decision, we are called upon to determine the constitutionality of the prescriptive period for medical malpractice actions set forth in La. R.S. 9:5628 as applied to a claim asserted by a plaintiff who suffers from a disease with a latency period which exceeds the three-year statutory limitation. We...

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