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LUTHER v. IOM CO. LLC

No. 47,667-CA.

109 So.3d 467 (2013)

George T. LUTHER and Jamie C. Luther, Plaintiffs-Appellees v. IOM COMPANY LLC (f/k/a Intra-Op Monitoring Services LLC), Dan Joachim M.D., John Partridge and Admiral Insurance Company, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

January 16, 2013.

Attorney(s) appearing for the Case

Hailey, McNamara, Hall, Larmann & Papale, L.L.P., by Michael J. Vondenstein , Metairie, LA, Ralph T. Rabalais , New Orleans, LA, Alayne R. Corcoran , Metairie, LA, for Defendant-Appellants Dan W. Joachim, M.D., and Intra-Op Monitoring Services, LLC.

McNew, King, Mills, Burch, & Landry, L.L.P., by Brady D. King II , Monroe, LA, Nicholas Michael Graphia , for Third Party Defendant-Appellee The Patient's Compensation Fund.

John Partridge, Defendant-Appellee In Proper Person.

Michael J. Mestayer , G. Gregory Green , for Plaintiffs-Appellees.

Before DREW, LOLLEY and HARRISON (Pro Tempore), JJ.

HARRISON, Judge Pro Tem.

The plaintiff contends that he suffered partial paralysis as the result of faulty monitoring by the defendants during surgery. The defendants appeal from a trial court decision granting summary judgment in favor of the Patient's Compensation Fund (PCF), which withdrew its prior certification that these parties were qualified health care providers (QHCPs) under the Louisiana Medical Malpractice Act (MMA), La. R.S. 40:1299.41, et seq. The defendants...

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