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DELCAMBRE v. BLOOD SYSTEMS, INC.

No. 2004-C-0561.

893 So.2d 23 (2005)

Nolan DELCAMBRE and Patricia Delcambre v. BLOOD SYSTEMS, INC.

Supreme Court of Louisiana.

Rehearing Denied February 25, 2005.

Attorney(s) appearing for the Case

Milling, Benson, Woodward, LLP, F. Frank Fontenot, Kym Krystyna Keller, New Orleans, for applicant.

Lawrence N. Curtis, Ltd., Gregory Karl Klein, Lawrence N. Curtis, Lafayette, for respondent.

Cynthia C.C.M. Anderson, Shreveport, for amicus curiae Lifeshare Blood Centers.

Clark Raymond Cosse, III, Baton Rouge, for amicus curiae Louisiana Hospital Association.

James Cleverly Klick, Stephen Jay Herman, New Orleans, for amicus curiae Louisiana Trial Lawyers Association.

Kathryn Montez Caraway, New Orleans, Nairda Teresa Colon, for amicus curiae Blood Center.

KIMBALL, Justice.

We granted certiorari to consider the issue of whether the provisions of La. R.S. 40:1299.47(B)(1)(a)(i) of the Medical Malpractice Act requiring all claimants to first submit their cases to a medical review panel prior to initiating proceedings in a district court apply to a plaintiff whose claim arises from the voluntary donation of blood at a community blood bank. After examining the plain language of La. R.S. 40:1299.41 et seq., we conclude...

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