Anderson v. Beauregard Memorial Hosp.

709 So. 2d 283, 1998 WL 100365
CourtLouisiana Court of Appeal
DecidedMarch 6, 1998
Docket97-1222
StatusPublished
Cited by8 cases

This text of 709 So. 2d 283 (Anderson v. Beauregard Memorial Hosp.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Beauregard Memorial Hosp., 709 So. 2d 283, 1998 WL 100365 (La. Ct. App. 1998).

Opinion

709 So.2d 283 (1998)

Paula B. ANDERSON, et vir., Plaintiffs—Appellants,
v.
BEAUREGARD MEMORIAL HOSPITAL, Defendant-Appellee,
Blood Systems, Inc., Third-Party Defendant—Appellee.

No. 97-1222.

Court of Appeal of Louisiana, Third Circuit.

March 6, 1998.

*284 John Layne Hammons, Shreveport, for Paula B. Anderson, et vir.

Eve Barrie Masinter, New Orleans, Monica A. Fois, for Beauregard Memorial Hospital.

Peter Elliot Sperling, Stephanie A. May, New Orleans, for Blood Systems, Inc.

Before YELVERTON, THIBODEAUX and PETERS, JJ.

YELVERTON, Judge.

Paula Anderson and her husband appeal a judgment which sustained an exception of prescription. The Andersons sued Beauregard Memorial Hospital alleging that Paula contracted hepatitis C from a blood transfusion she received while in the hospital in 1974. Beauregard Memorial filed a third-party claim against Blood Systems, Inc. alleging it supplied the blood. Both defendants filed exceptions of prescription which were maintained by the trial court. A judgment was signed on May 7, 1997, dismissing the Andersons' case. We affirm.

FACTS

In 1974 Paula was hospitalized in Beauregard Memorial as a result of complications with a pregnancy. She received a blood transfusion. Paula alleges that this is the only blood transfusion she has ever received. In 1993 she was diagnosed with hepatitis C. She and her husband filed suit against Beauregard Memorial. They alleged that the hospital sold and administered contaminated blood to her. Beauregard Memorial filed a third-party demand against Blood Systems as the supplier of the blood that was transfused to Paula. Both defendants filed exceptions of prescription. A hearing was held on March 25, 1997.

Applying the one-year prescriptive period found to be applicable in these strict tort product liability cases by Branch v. Willis-Knighton Medical Center, 92-3086 (La.4/28/94); 636 So.2d 211, rather than the special rule of prescription applicable to medical malpractice actions, the trial court found the Andersons' claims had prescribed. The suit was filed August 22, 1994. The trial court found that defendants proved by a preponderance of the evidence that Paula had actual or constructive knowledge of her condition prior to August 22, 1993.

ISSUES

The Andersons complain that the trial court misplaced the burden of proof and made manifestly erroneous findings of fact. They complain also of multiple legal issues. We will discuss these assignments in turn.

PRESCRIPTION

Burden of Proof

The Andersons claim that the trial court erred in placing the burden of proof on them. They quote from the trial court's reasons for judgment.

Having concluded that a preponderance of the evidence supports defendants' plea of prescription, the court is further bolstered in its conclusion by a finding that the burden of proof is on plaintiff under the doctrine of contra non valentem. See Gary vs. Camden Fire Insurance Company, *285 676 So.2d 553 (La.1996), and Wimberly vs. Gatch, 635 So.2d 206 (La.1994).

When a petition reveals on its face that prescription has run, the plaintiff has the burden of showing why the claim has not prescribed. Gary v. Camden Fire Ins. Co., 96-0055 (La.7/2/96); 676 So.2d 553, and Wimberly v. Gatch, 93-2361 (La.4/11/94); 635 So.2d 206. The Andersons argue that their petition is not prescribed on its face because they filed suit within one year of discovering their cause of action. However, the Andersons' argument fails to recognize that the one-year liberative prescriptive period for delictual actions begins to run from the date injury or damage is sustained. In this case, Paula was damaged when she received the transfusion in 1974, not when she discovered that she may have received blood contaminated with hepatitis C.

However, the plaintiff can show that prescription has not run based on either of three theories: (1) suspension; (2) interruption; or (3) renunciation. Gary, 676 So.2d 553; Wimberly, 635 So.2d 206. The Andersons claim that prescription did not begin to run until they discovered their cause of action. This is the suspensive theory of contra non valentem agere nulla currit praescriptio.

The Andersons cite the case of Chaney v. State Through Dept. of Health and Human Resources, 432 So.2d 256 (La.1983), for the proposition that when a plaintiff alleges a date of discovery and files suit within one year of that date, the petition is not prescribed on its face. Here the plaintiffs alleged in paragraph 7 of their petition that prescription was suspended until Paula discovered that she was infected with hepatitis C. Therefore, the petition alleged that prescription was suspended under the theory of contra non valentem.

Regardless, the trial court, in the process of reaching its decision, actually placed the initial burden of proof on the defendants. The trial court initially found that defendants proved the Andersons' claims had prescribed by a preponderance of the evidence. There is no merit to this assignment.

Knowledge

The trial court found that Paula, more than one year before filing suit, had actual or constructive knowledge that she suffered from hepatitis C which might have been caused by the 1974 blood transfusion. "An injured party need not have actual knowledge of his condition for purposes of starting the statute of limitations for delictual actions, as long as there is `constructive notice,' that is information sufficient to incite curiosity, excite attention, or put a reasonable person on guard to call for inquiry." Boyd v. B.B.C. Brown Boveri, Inc., 26,889, p. 8 (La.App. 2 Cir. 5/10/95); 656 So.2d 683, 688, writ not considered, 95-2387 (La.12/8/95); 664 So.2d 417.

The second circuit pointed to two supreme court cases, Branch, 636 So.2d 211 and Cole v. Celotex Corp., 620 So.2d 1154 (La.1993), which held that in light of the plaintiffs' own information and the diagnoses they received, the plaintiffs acted reasonably in delaying the filing of suit. In both cases, the date of diagnosis was designated as the date on which the plaintiffs had information sufficient to alert them to their cause of action and commence the running of prescription. The court in Boyd also found out that the plaintiff did not have sufficient information which would require him to file suit until he was actually diagnosed with the disease which was the basis for his lawsuit. We, too, will use the date the plaintiff learned of the diagnosis to establish the commencement of the running of prescription.

The record reveals that before Paula was diagnosed with hepatitis C, she was aware that it might have been caused by the 1974 transfusion. Dr. Mahesh Pandya suspected it might be caused by the transfusion. Her sister (who also suffered from hepatitis C) contracted it from a blood transfusion. Dr. Edwin Bonilla also testified that he discussed with Paula that hepatitis C could be caused by a blood transfusion. Paula testified that Dr. Paul Nichols told her she might have possibly contracted hepatitis C from the blood transfusion in 1974. There is no doubt that Paula was aware that if she had hepatitis C, the 1974 blood transfusion could have caused it.

*286 The prescription fact boils down to one issue: When did Paula find out she was infected with hepatitis C? It was then that prescription started running.

In Branch,

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Cite This Page — Counsel Stack

Bluebook (online)
709 So. 2d 283, 1998 WL 100365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-beauregard-memorial-hosp-lactapp-1998.