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CACERAS v. WORK

No. 2012-CA-1097.

110 So.3d 275 (2013)

Glenda CACERAS, Individually and on behalf of her Deceased Child, and Jesus Acevedo, Individually and on behalf of his Deceased Child v. Kevin G. WORK, M.D., Heyzel Retana and Louisiana Medical Mutual Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

February 27, 2013.

Attorney(s) appearing for the Case

J. Wayne Mumphrey , Carlos A. Zelaya, II , Mumphrey Law Firm, LLC, Slidell, LA, for Plaintiff/Appellant, Jesus Acevedo.

Paul A. Tabary, III , Elizabeth R. Borne , Lacey Tabary , Tabary And Borne, LLC, Chalmette, LA, for Defendant/Appellee, Louisiana Medical Mutual Insurance Company.

(Court composed of Chief Judge JAMES F. McKAY III, Judge TERRI F. LOVE, Judge JOY COSSICH LOBRANO).

TERRI F. LOVE, Judge.

The parents of a child, who died before birth, filed suit against the treating doctor, treating nurse, and the Louisiana Medical Mutual Insurance Company seeking damages for the child's death. The Louisiana Medical Mutual Insurance Company filed a peremptory exception of no right of action against the alleged father alleging he did not formally file a filiation action as to the deceased child. Therefore, the Louisiana Medical Mutual Insurance...

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