RABORN v. ALBEA

No. 2013 CA 0633.

144 So.3d 1066 (2014)

Frank RABORN v. Jeffery R. ALBEA, M.D. and Shawn G. Dunn, M.D., The Neuromedical Center (a Professional Medical Corporation), EBI, LP and Synthes USA Sales, Limited Liability Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 15, 2014.


Attorney(s) appearing for the Case

Stephen M. Irving , Martin K. Maley, Sr. , Adrien G. Busekist , Baton Rouge, LA, David H. Alfortish , Kenner, LA, for Plaintiff/Appellant Frank Raborn.

Matthew W. Bailey , Baton Rouge, LA, Andrew E. Tauber , Washington, DC, for Defendant/Appellee Medtronic, Inc.

Before KUHN, HIGGINBOTHAM, and THERIOT, JJ.


THERIOT, J.

In this products liability case, the plaintiff appeals the dismissal of his products liability claim against the manufacturer of a medical device on the basis of prescription. We affirm.

FACTS AND PROCEDURAL HISTORY

Plaintiff, Frank Raborn, was born with a spinal deformity called spondylolisthesis which eventually resulted in an impingement of his spinal cord. On June 6, 2006, Mr. Raborn underwent a one-level fusion and laminectomy. Dr...

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