Milton v. Merrell-Dow Pharmaceuticals, Inc.

BYRNES, Judge.

Lionel Milton and Wilma Blackman appeal a judgment sustaining a peremptory exception of prescription, dismissing Dr. William B. Smith with prejudice as a party defendant. We affirm.

While under the treatment of Dr. Smith at Mercy Hospital, Mrs. Leaster Milton, wife of plaintiff Lionel Milton and mother of plaintiff Wilma Blackman, participated in a study sponsored by Merrell-Dow Research Institute in which an experimental drug Enoximone was administered to patients with congestive heart failure. On September 14, 1985, Mrs. Leaster Milton signed a consent form. Several months…