FOR IMMEDIATE NEWS RELEASE  

NEWS RELEASE # 029

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinion handed down on the 19th day of March, 2004, is as follows:

BY KIMBALL, J.:

2003-CC-1299       KATHERINE RAMEY (INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF DAVID F. RAMEY, M.D., AND ON BEHALF OF HER MINOR CHILDREN, KRISTEN RAMEY AND BRAD RAMEY) AND RENEE RAMEY v. MICHAEL DECAIRE (ADMINISTRATIVE DIRECTOR, PHYSICIANS' HEALTH FOUNDATION OF LOUISIANA), MARTHA BROWN (MEDICAL DIRECTOR, PHYSICIANS' HEALTH FOUNDATION OF LOUISIANA), PHYSICIANS' HEALTH FOUNDATION OF LOUISIANA (PHFL), PHYSICIANS' HEALTH PROGRAM (PHP), PHYSICIANS' HEALTH COMMITTEE (PHC) (Parish of E. Baton Rouge)

For the foregoing reasons, the judgment of the district court is reversed and defendants' peremptory exception of no cause of action is sustained. The case is remanded to the district court with instructions to permit an amendment of plaintiffs' petition in accordance with the views expressed herein. Plaintiffs are given thirty days from the date of the finality of this judgment to amend their petition. If plaintiffs fail to amend their petition within the prescribed time, the district court shall dismiss their suit.

REVERSED AND REMANDED.

VICTORY, J., concurs in part and dissents in part with reasons.

KNOLL, J., concurs in part and dissents in part and assigns reasons.

WEIMER, J., concurs in part and dissents in part and assigns reasons.