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ARRINGTON v. ER PHYSICIANS GROUP

No. 04-1235.

897 So.2d 911 (2005)

Susan ARRINGTON, etc. v. ER PHYSICIANS GROUP, APMC, et al.

Court of Appeal of Louisiana, Third Circuit.

March 9, 2005.

Attorney(s) appearing for the Case

Oliver Jackson Schrumpf, Schrumpf & Schrumpf, Sulphur, LA, for Plaintiffs/Appellants: Susan, Joelle and Laura Arrington.

Michael Keith Prudhomme, Thomas P. Leblanc, Lake Charles, LA, for Secondary Defendant/Appellant: Louisiana Patient's Compensation Fund Oversight Board.

Charles C. Foti, Jr., Attorney General, J. Elliott Baker, Special Assistant Attorney General, Covington, LA, Benjamin W. Mount, Bergstedt & Mount, Lake Charles, LA, for Defendants/Appellees/Cross-Appellants: State of Louisiana and Galen-Med, Inc., formerly d/b/a Lake Area Medical Center.

Court composed of SYLVIA R. COOKS, ELIZABETH A. PICKETT, and BILLY HOWARD EZELL, Judges.

PICKETT, J.

FACTS

Plaintiffs, Susan, Joelle and Laura Arrington, appeal a judgment of the trial court denying their motion for summary judgment seeking to have the limitations on recovery for damages imposed by the Louisiana Medical Malpractice Act, La.R.S. 40:1299.41, et seq, declared unconstitutional and granting the motions for summary judgment filed by defendants, GALEN-MED, INC. and the Louisiana Patient's Compensation Fund upholding the constitutionally...

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