Gene Johnson Oct. 5, 2015, 12:47pm


A Lafourche Parish resident, also on behalf of her newborn daughter, is suing a lab company over claims of negligence in allegedly failing to notify her of her HIV infection in a timely manner, which could have saved her newborn from getting the disease prior to delivery.

Denise Broussard filed a lawsuit Sept. 8 in the U.S. District Court for the Eastern District of Louisiana against the Laboratory Corp. of America and Laboratory Corp. of America Holdings, doing business as LabCorp. Corp., alleging negligence.

According to the complaint, on or about Aug. 5, 2013, Broussard gave consent to blood testing, including HIV testing at Dr. Natchez Morice’s office, the lawsuit claims. She later gave birth to her daughter on Feb. 5, 2014, at Thibodaux Regional Medical Center.

On June 10, 2014, she learned that she was HIV positive. On or about July 1, 2014, she learned that her daughter was also HIV positive. On Aug. 25, 2014, Broussard obtained medical records, the claim states, that HIV test results from Morice’s office were “pending.”

The Broussards are seeking compensation for negligence, which includes prejudgment interest and interest from the date a medical review panel request that was filed with the Louisiana Division of Administration, for all costs of the legal proceedings, for all general and equitable relief, and for trial by jury.

The Broussards are represented by New Orleans-based attorneys Robert J. David and Walter C. Morrison of Gainsburgh, Benjamin, David, Meunier & Warshauer LLC.

U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-04184-NJB-JCW

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