Thomas Pine v. Stirling Clinic, Inc., et al. - 1/17/13

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Thursday  January 17, 2013 
9:45 AM  EST

9:45 a.m. 49A02-1105-CR-382. After Helen Pine's death, Plaintiffs filed a complaint alleging the Defendants failed to diagnose Helen's cancer timely and thereby increased her risk of harm. The Marion Superior Court granted all Defendants summary judgment. The Court of Appeals affirmed on grounds including that no expert "could give an opinion on [Helen's] percentage chance of survival" before the alleged failure to diagnose, and Plaintiffs therefore "failed to produce quantitative evidence of the risk of harm[.]" Pine v. Stirling Clinic, Inc, No. 49A02-1105-CT-382, slip op. at 14 (Ind. Ct. App. Feb. 29, 2012), trans. pending. Plaintiffs have petitioned the Supreme Court to accept jurisdiction over the appeal.

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.