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Ginn v. Woman's Hospital Foundation9/22/2000
_ So. 2d ___.
As plaintiff's claim arises from blood transfusions received in February of 1976 and the amendments to the Act encompassing blood related defects were not effective until August 5, 1976, plaintiff's claim is not governed by the Medical Malpractice Act. Having determined that there is no administrative remedy or procedure required to address the claim giving rise to this suit, defendant's exception of prematurity was properly denied by the district court, and plaintiff's institution of judicial action was not premature.
CONCLUSION
Accordingly, the April 21, 1999 judgment of the district court denying defendant's dilatory exception pleading the objection of prematurity is hereby affirmed. Costs of this appeal are hereby assessed to defendant, Woman's Hospital Foundation, Inc.
AFFIRMED.
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