hFor the reasons expressed in the consolidated case of Susan Arrington v. ER *200Physician Group, 12-995 (La.App. 3 Cir. 2/6/13), 110 So.3d 193, the judgment of the trial court, rendered on June 18, 2012 is affirmed. The motion for en banc hearing is denied. All costs of this proceeding are assessed to the plaintiffs-appellants.

AFFIRMED. MOTION FOR EN BANC HEARING DENIED.

THIBODEAUX, Chief Judge, specially concurs.

specially concurring.

|,I still maintain my position that the medical malpractice cap is unconstitutional on the bases of equal protection, due process, and separation of powers. However, I must sacrifice my intellectual independence and judicial beliefs to what is the clear pronouncement of the Louisiana Supreme Court in Oliver v. Magnolia Clinic, 11-2132 (La.3/13/12), 85 So.3d 39.