Abney v. Charity Hospital in New Orleans

This appeal arises from a judgment of the trial court dismissing the defendant’s exception of prematurity. For the reasons explained below, this Court finds that the defendant’s exception of prematurity should have been dismissed. The judgment of the trial court is therefore affirmed.

FACTS

Plaintiff/appellee, Leon Abney (“Mr. Ab-ney”) received a blood transfusion while hospitalized at Charity Hospital in New Orleans in 1969. It was from this transfusion that Abney contracted the Hepatitis C virus, a terminal illness causing the deterioration of the liver. On March 2, 2000, Abney died from…