Martin v. State, Charity Hospital & Medical Center of Louisiana ex rel. Louisiana Health Care Authority

JjARMSTRONG, Judge.

This is a survival and wrongful death action. The plaintiffs appeal from a dismissal. The only two issues on appeal are (1)whether the survival action prescribed and (2) whether the “blood shield statutes,” La. R.S. 9:2797 and La. Civ.Code art. 2322.1, apply to the wrongful death claim. We find (1) that the survival action is not prescribed and (2) that the blood shield statutes do apply to the wrongful death action. Therefore, we will reverse in part, affirm in part, and remand for further proceedings.

The plaintiffs’ decedent, Mr. Ferrand, received a blood transfusion at…