Joseph Dustin Butler and Mary Butler, individually and on behalf their minor child, Elliott Butler v. Medical Information Technology, Inc., d/b/a Meditech and Woman's Hospital Foundation, d/b/a Woman's Hospital of Batton Rouge

JOSEPH DUSTIN BUTLER AND NO. 2024 CW 0787
MARY BUTLER, INDIVIDUALLY
AND ON BEHALF THEIR MINOR
CHILD, ELLIOTT BUTLER

VERSUS

MEDICAL INFORMATION
TECHNOLOGY, INC. D/ B/ A
MEDITECH AND WOMAN' S
HOSPITAL FOUNDATION, D/ B/ A
WOMAN' S HOSPITAL OF BATON DECEMBER 23, 2024
ROUGE

In Re: Woman' s Hospital Foundation D/ B/ A Woman' s Hospital of
Baton Rouge, for
applying supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
743894.

BEFORE: GUIDRY, C. J., MCCLENDON, PENZATO, LANIER AND
STROMBERG, JJ.

WRIT GRANTED. We find that defendant, Woman' s Hospital
Foundation,
d/ b/ a Woman' s Hospital of Baton Rouge, met its burden
in proving that it is entitled to review by a medical review panel
of the allegations presented in plaintiffs, petition for damages.
See Coleman v. Deno, 2001- 1517 ( La. 1/ 25/ 02), 813 So. 2d 303, 315-
16—. Therefore, we grant this writ application, sustain Woman' s
Hospital Foundation, d/ b/ a Woman' s Hospital of Baton Rouge' s
exception of prematurity, and dismiss plaintiffs, claims against
this defendant, without prejudice.
PMC
ARP
WIL
TPS

Guidry, c. i.,
dissents and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT
FOR THE COURT