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EUSEA v. BLANCHARD

No. 2004 CA 1855.

899 So.2d 41 (2005)

Shirley Autin EUSEA v. Roger J. BLANCHARD, Jr., M.D., et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 23, 2005.

Attorney(s) appearing for the Case

A. Remy Fransen, Jr., P. Chris Christofferson, Fransen & Hardin, Eric M. Daigle, New Orleans, for Plaintiff-Appellee Shirley Autin Eusea.

C. Wm. Bradley, Jr., Nicole M. Duarte, Lemle & Kelleher, L.L.P., New Orleans, Daniel A. Reed, Seale, Smith, Zuber & Barnette, Baton Rouge, for Defendants-Appellants Broadlawns Medical Center and St. Paul Fire & Marine Ins. Co.

David A. Woolridge, Jr., Larry M. Roedel, Roedel, Parsons, Koch, Blache, Balhoff & McCollister, A L.C., Baton Rouge, for Intervenor-Appellee The Louisiana Patient's Compensation Fund Oversight Board.

Before: PARRO, KUHN, and PETTIGREW, JJ.

PARRO, J.

In this medical malpractice case, Broadlawns Medical Center of Des Moines, Iowa (Broadlawns), and its excess liability insurer, St. Paul Fire & Marine Insurance Company (St. Paul), appeal a judgment overruling their dilatory exception raising the objection of prematurity and holding that the lawsuit filed by Shirley Autin Eusea was not premature for failure to present her negligence claims against Broadlawns to a medical review panel before including...

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