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In re Medical Review Panel of Conerly11/13/2002
cent pronouncement of the Supreme Court on this issue that is found in Williams v. Jackson Parish Hospital, supra. In Williams the court overruled the holding in Boutte, which relied on Sewell, and held that all claims made against hospitals in strict products liability arising out of defective blood transfusions that arose before the blood shield statutes enacted in 1982 are governed by LSA-C.C.P. Article 3492 and not R.S. 9:5628. Williams, supra, 798 So.2d at 932. Thus, as the law stands now, plaintiff's claims of strict liability are not prescribed and the trial court was wrong in so ruling. Thus, we reverse the judgment as it relates to those claims. However, in accordance with Williams, we acknowledge that separate claims made by plaintiff on traditional medical malpractice grounds are prescribed. Id.
Because we have decided this matter on statutory and legal precedent grounds, we find it unnecessary to address constitutional issues raised by plaintiff. We do note, however, that the Williams court found that LSA-R.S.9:5628 is neutral on its face because it is placed as a Title 9 Civil Code ancillary and applies regardless of a provider's status as qualified or unqualified medical provider under the Medical Malpractice Act. Williams, supra, 798 So.2d at 927.
For the reasons expressed in this opinion, the trial court's judgment in so far as it grants the exception of prescription for strict liability claims is reversed, and the matter is remanded for further proceedings.
REVERSED IN PART AND REMANDED
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