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