STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MICHAEL HURT, ALSO KNOWN AS NO. 2022 CW 0988 MICHAEL HURTS VERSUS STATE OF LOUISIANA THROUGH THE BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE, ON BEHALF OF LSU HEALTH SCIENCE CENTER-NEW ORLEANS, MICHAEL BARKER, M.D. AND KRESHMEH NOVEMBER 17, 2022 KHOSROWANI, M.D.

In Re: Michael Hurt, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 713,571.

BEFORE : McCLENDON, WELCH, PENZATO, LANIER, AND WOLFE, JJ.

WRIT GRANTED. The August 11, 2022 judgment granting State of Louisiana through the Board of Supervisors of Louisiana State University on behalf of LSU Health Science Center-New Orleans’s (“the State”) exception of prematurity as to paragraphs 10, (a) (b) (c), and 15(a) (b) is reversed. The State used plaintiff’s neuroleptic malignant syndrome diagnosis as a defense at the medical review panel hearing; therefore, the allegations in the specified paragraphs of plaintiff’s petition related to an alleged misdiagnosis were necessarily encompassed in the previous review and findings of the medical review panel.

Thus, the allegations contained in plaintiff’s petition are not premature. See Coulon v. Endurance Risk Partners, Ine., 2016- 1146 (La. 3/15/17), 221 So.3d 809. Accordingly, State of Louisiana through the Board of Supervisors of Louisiana State University on behalf of LSU Health Science Center-New Orleans’s exception of prematurity is denied.

PMc JEW WIL Penzato and Wolfe, JJ., dissent and would deny the writ application.

COURT OF APPEAL, FIRST CIRCUIT AAS nl) DEPUTY CLERK OF COURT FOR THE COURT