Fust v. Arnar-Stone Laboratories, Inc.

POLITZ, Circuit Judge:

The appeal in this diversity case from the grant of defendants’ motion for summary judgment requires a determination of the time allowed for asserting a medical malpractice claim under Louisiana law.

Facts

Darlene Fust received prenatal care from Dr. Herman L. Fontenelle from March 1975 until November 1975 when her son George Fust, Jr. was born. During the pregnancy, Dr. Fontenelle administered several drugs to Mrs. Fust which allegedly caused severe birth defects to her son. Mrs. Fust maintains that it was not until August 1979 that she learned the defects were causally…