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Inspiration through loss

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Anita Day has learned a lot about melanoma since 2002. Back then, she didn’t know that the disease kills one person every hour. But when her father and a family friend died of melanoma in the same year, she began searching for answers. And she hasn’t stopped since.

carmichael-michelle-mug.jpg Carmichael

Day is one of many people who – inspired by a personal tragedy – has formed a non-profit organization that honors the memory of someone lost. At least three such charities have roots in Indiana’s legal community.

Raising awareness

Kate Carmichael’s heart stopped beating before she was born. Her parents, attorneys Michelle and Kepten Carmichael, were distraught – they had gone to the hospital expecting Michelle to deliver a healthy baby girl.

“Most people don’t even know what stillbirth is,” Michelle said. “I didn’t either, until it happened to me.”

Doctors had detected no problems with the pregnancy – the second for the Carmichaels, whose daughter was 20-months old when Kate died. In her hospital room, Michelle cradled Kate in her arms, wondering what had gone wrong. She still wonders today.

The Carmichaels were surprised to learn that few records or data existed about stillbirth. Their frustration at the lack of information is what motivated them to start the Kate Carmichael Stillbirth Program, or Kate Cares. The organization aims to help parents understand and cope with stillbirth and, through the support of Indiana University Health, has begun collecting statistics about stillbirth so that others may someday have the answers the Carmichaels never will.

Day – a founder of Outrun the Sun – was frustrated when she learned how few treatments existed for melanoma. She said a lack of public awareness about this potentially deadly, yet preventable, cancer may be why more treatments are not available. She, along with her sister and cofounder Jonna Kane MacDougall, were determined to raise funds for melanoma research after losing their father and a family friend to the disease.

“Once you have awareness, then you can have education, and once you educate, then people understand the magnitude of the situation; once they understand the magnitude of the situation, then support and funding follows,” Day said.

Raising awareness was one of the goals Vivian and attorney John Maley had in mind when they founded the Joseph Maley Foundation, named in honor of their son, who died at the age of 18.

“Joseph, our oldest son, had a myriad of disabilities and four younger brothers who lived a quote-unquote normal life,” Vivian said. “To them, there was nothing out of the ordinary. And yet, they saw it wasn’t that way when we would go places. They knew that somehow, they were looked at differently.”

The children recognized a need to educate the public.

“It was Tony who said 11 years ago, ‘Mom we’ve got to do something about teaching people about disabilities,’” Vivian recalled.

What they do

Day’s husband was a good friend of another Outrun the Sun cofounder, Jenny Patton Sarno, whose husband, Gary Patton, died of melanoma in 2002 at age 38. The same disease killed Day’s and MacDougall’s father, John Busse, just 11 days earlier.

“As our two families kind of went down this path together, and we shared our challenges and frustrations, it became very apparent that melanoma needed to have some strong force behind it,” Day said. She said that the founders realized that hosting a large community event would bring attention to the cause. They had seen how the Susan G. Komen Foundation had grown from a small grassroots charity to a global leader in breast cancer research after starting its annual race, Susan G. Komen for the Cure.

outrun-the-sun-back-15col.jpg A runner wears a sign in honor of her sister at 2010’s Outrun the Sun. The annual race raises funds for melanoma research. (Photo courtesy Outrun The Sun)

“We started with a simple idea for having a run/walk – it was at least a way to get awareness out,” Day said. The first year, they expected maybe 200 or 300 entrants in the race, and they were stunned, she said, that 1,600 people participated, which amounted to about $50,000 raised for melanoma research. This year, the race will be on June 4 at Fort Benjamin Harrison in Indianapolis.

The Carmichaels have raised $280,000 for stillbirth research, creating a fund through the Riley Children’s Foundation in 2003 that accepted donations in Kate’s name. The donations allowed them to launch the non-profit organization in 2006.

Michelle said that doctors may handle stillbirth cases differently in different parts of the state. Especially at smaller hospitals, the technology and resources may not be sufficient to conduct a thorough autopsy and take tissue samples that could help determine a child’s cause of death. Sometimes, she said, a baby born still may be whisked away by staff before the mother even sees the child, which Michelle thinks is a disservice to any family. She is thankful that her husband had the strength and foresight to take photos of Kate, so that they can remember her. She keeps the photos in a large white scrapbook, filled with cards and letters from friends.

The Carmichaels received a $70,000 grant from the Clarian Health Values Fund for the production of DVD’s that demystify stillbirth for medical professionals and families. They hope that the DVD’s will help spread the word about the need for stillbirth research; currently, the Kate Cares program is in place in all Indiana University hospitals, and St. Francis Hospital.

“We will help any hospital that wants to jump on board,” Michelle said.

The Joseph Maley Foundation, Vivian said, aims to teach children of all abilities about the importance of helping others.

“Because we have all kinds of children in our life, we really didn’t want to serve or concentrate on one group of children,” she said. But the foundation does work with young people to teach them how difficult life can be for someone who has limited physical or mental abilities.

charities“We have a curriculum, pre-K all the way through eighth grade – by the time they reach eighth grade, they take on a disability,” she said. “They know which disability they’re going to take on, but we try to keep it random. We try to get across that your life can change at any moment.”

Students who participate in the program may – as their final project – spend a day in a wheelchair, or they may have to figure out how to cope with some other physical or mental limitation. Afterward, students participate in a type of exit interview and are asked to share their views about the experience.

The Maley Foundation also travels to schools to produce puppet shows that teach children about disabilities. The shows – along with much of the public service work the foundation engages in – are performed by children. The foundation also hosts an annual 5K Run/Walk/Roll, which will be July 9 this year.

Future plans

Day said that because of funds raised from the annual race, they’ve been able to support researchers who are working toward treating melanoma. Outrun the Sun has begun exploring how to work with other cities to set up annual races, and it is working with USA Track & Field to reach its more than 100,000 members – people who are at higher risk of melanoma due to their exposure to the sun.

Vivian said that she wants to expand their disability awareness programs into more schools and make school officials aware that they can ask for components of the program that suit their needs.

Michelle hopes that Kate Cares may eventually become fully endowed so it can be self-sustaining. With little revenue, the organization can afford only one part-time employee. Kate Cares relies heavily on the doctors and nurses at IU Health who volunteer their time to help put together a clearinghouse of stillbirth data.

But equally important to her is that people begin to change their view of stillbirth.

“It’s dealing with babies, and it’s dealing with death, and people aren’t comfortable talking about it,” she said. “That’s not typically how life is supposed to work.”•
 


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  • Outrun the Sun
    I was diagnosed with malignant melanoma in December 2010. My cancer was located on my lower left calf. I have been looking forward to this year's event since I came home from my surgery. It is a marker of not only how far I've come in my recovery but also how far we need to go to raise awareness of this potentially fatal cancer. Kudos to Anita & Jenny!

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  1. G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.

  2. SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.

    Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
    Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
    Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
    It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.

  3. Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
    As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
    This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.

  4. Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.

  5. This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.

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