ARRINGTON v. GALEN-MED, INC.

No. 04-1235.

970 So.2d 540 (2007)

Susan ARRINGTON, et al. v. GALEN-MED, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied December 7, 2007.


Attorney(s) appearing for the Case

Oliver Jackson Schrumpt, Schrumpt & Schrumpt, Sulphur, LA, for Plaintiffs/Appellants: Susan, Noelle 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, for Defendant/Appellee/Cross-Appellant: State of Louisiana.

Benjamin W. Mount, Bergstedt & Mount, Lake Charles, LA, for Defendants/Appellees/Cross-Appellant: Galen-Med, Inc., formerly d/b/a Lake Area Medical Center.

Court composed of SYLVIA R. COOKS, OSWALD A. DECUIR, ELIZABETH A. PICKETT, BILLY H. EZELL, and JAMES T. GENOVESE.


COOKS, Judge.

PROCEDURAL HISTORY

In Arrington v. ER Physicians Group, APMC, 04-1235 (La.App. 3 Cir. 9/27/06), 940 So.2d 777, this court held the $500,000 statutory limit on recovery of damages in medical malpractice actions found in La. R.S. 40:1299.42(B) was unconstitutional in failing to provide the Plaintiffs an "adequate remedy" as guaranteed under Article 1, § 22 of the Louisiana Constitution. This judgment...

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