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RUSSO v. KRAUS

Nos. 2010-CA-0178, 2010-CA-0179.

49 So.3d 941 (2010)

Patrick RUSSO, Janice Russo, Individually and on Behalf of Their Minor Child Patrick R. Russo and Ashley Russo and Russell Russo v. Dr. Steven KRAUS In re Medical Review Panel Claim of Janice Russo.

Court of Appeal of Louisiana, Fourth Circuit.

September 29, 2010.

Attorney(s) appearing for the Case

Stephen P. Bruno , Christopher M. Hatcher , Bruno & Bruno, LLP, R. Ray Orrill, Jr. , Orrill Cordell & Beary, L.L.C., New Orleans, LA, for Patrick Russo, et al.

James D. "Buddy" Caldwell , Attorney General, J. Elliott Baker , Special Assistant Attorney General, Covington, LA, for Dr. Steven Kraus and the State of Louisiana.

Paul M. Batiza , Batiza Godofsky & Schroeder, Metairie, LA, for Dr. Steven Kraus.

(Court composed of Judge MAX N. TOBIAS, JR., Judge DAVID S. GORBATY, Judge PAUL A. BONIN).

MAX N. TOBIAS, JR., Judge.

The plaintiffs/appellants, Patrick and Janice Russo, individually and on behalf of their minor children,1 appeal from a summary judgment in favor of the defendants/appellees, the State of Louisiana and Steven Kraus, M.D. The trial court found that the three-year prescriptive period established by La. R.S. 9:5628 for medical malpractice actions was constitutional, thereby dismissing the plaintiffs/appellants claims...

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