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January 20, 2005


Prescription on birth-defect claim

In Bailey v. Khoury, decided today, the Louisiana Supreme Court considered a novel question:

whether the time limitation for filing a claim seeking recovery of damages arising from birth defects can be considered to commence at a time prior to the childís live birth when, because of information gained from an ultrasound of the fetus, the unborn childís parent was told both that the child had birth defects and that those defects were probably caused by the motherís ingestion of drugs prescribed and dispensed by defendants.

The Court held that "prescription on both the motherís claim on behalf of the child and the motherís individual claim commenced on the later of the two datesĖi.e., the date when the child was born. Because the motherís original petition regarding the two claims was filed less than a year from the date of the childís birth, we affirm the court of appeal judgment denying defendantsí peremptory exceptions of prescription."

Posted by RPW at January 20, 2005 09:30 PM
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