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Editor's note: opinion released April 11, 2000

SUPREME COURT OF LOUISIANA NO. 99-C-2402 DANIEL J. BOUTTE AND HIS WIFE, SANDRA BOUTTE INDIVIDUALLY AND ON BEHALF ON THEIR MINOR CHILD, SANDI BOUTTE, AND HIS SONS, DANIEL J. BOUTTE, JR. AND ERNEST MAMOLO, III V. JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 1 D/B/A WEST JEFFERSON GENERAL HOSPITAL, CHARITY HOSPITAL IN NEW ORLEANS, JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 2 D/B/A EAST JEFFERSON GENERAL HOSPITAL, HOTEL DIEU HOSPITAL AND DAUGHTERS OF CHARITY OF ST. VINCENT DE PAUL, INC. D/B/A DAUGHTERS OF CHARITY OF ST. VINCENT DE PAUL, ST. LOUIS, U.S.A. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF JEFFERSON

MARCUS, Justice* Daniel Boutte received blood transfusions at Hotel Dieu Hospital (hereinafter "Hotel Dieu") in December 1981 and January 1982. Fourteen years later Boutte was diagnosed with hepatitis C virus. He

was told that his disease might have been caused by blood received during transfusions performed on him while a patient at Hotel Dieu and other hospitals, if the blood used was defective (contaminated with the hepatitis virus). Within a year of diagnosis, Boutte filed suit in July, 19961 against several hospitals where he received blood

transfusions over the years, including Hotel Dieu.2 Hotel Dieu filed an exception of prescription, relying on the periods of limitation set forth in La. R.S. 9:5628. This

*

Johnson, J., not on panel.

Rule IV, Part 2,

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