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COA headed to Fort Wayne to hear med-mal appeal

August 13, 2018

The Indiana Court of Appeals will travel to Fort Wayne this week to hear oral argument in a medical malpractice appeal.

Judges Edward Najam, Paul Mathias and Terry Crone will hear Cindy and Ron Glon v. Memorial Hospital of South Bend, Inc., 18A-CT-00049 at 10 a.m. Thursday at the Allen County Courthouse. Cindy Glon appeals following the grant of summary judgment to Memorial Hospital in South Bend.

On appeal, Glon argues the St. Joseph Superior Court erred in granting summary judgment to the hospital because there is a genuine issue of material fact as to when three fractures found in her femur occurred. She maintains her injuries occurred after a hip replacement surgery because of negligent care rendered by the hospital.

Specifically, Glon alleges that after her surgery, a nurse and patient care assistant grabbed her leg and rolled her onto her side to provide access to remove an epidural. Glon heard three pops in her right leg near her knee while she was being rolled, but couldn’t feel any pain as she was still numb from the waist down.

After the epidural wore off, Glon said she had severe pain that would not subside. A subsequent x-ray revealed three displaced fractures in her right femur that occurred sometime after she was returned to her hospital room from surgery.

Glon and her husband filed a complaint against the hospital after the medical review panel unanimously concluded the hospital did not fail to meet the applicable standard of care, and the trial court subsequently granted summary judgment. 

The argument will be held at 10 a.m. in Superior Courtroom No. 1 in the Allen County Courthouse Courtroom, 715 S. Calhoun St., Fort Wayne, 46802.

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