Zoulek v. PIP America

PATRICIA RIVET MURRAY, Judge.

| plaintiffs, Dee and Michael Zoulek, appeal the trial court’s judgment maintaining the exception of peremption filed by defendant, Dr. Randall Weyrich, and dismissing their action. For the reasons that follow, we reverse and remand.

FACTS AND PROCEEDINGS BELOW

On July 25, 2000, Dr. Weyrich performed a breast augmentation procedure upon Dee Zoulek. PIP America [“PIP”] manufactured the saline-filled implants that Dr. Weyrich used in Ms. Zoulek’s procedure. On December 1, 2003, Ms. Zoulek noticed the left breast implant had spontaneously deflated. She then consulted…