Articles

COA: Med-mal dismissal affirmed for counsel’s untimely filings

A woman who partially blamed her attorney’s personal problems for her failure to timely file pleadings in her proposed medical malpractice complaints could not convince the Indiana Court of Appeals that her case should not be dismissed. Among other things, the appellate panel simply found she failed to spend her time wisely.

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Families not immune from vaccination debate

Arguments for and against vaccinations have grown in the national conversation as 12 states are currently battling an outbreak of measles. A recent Indiana trial court decision in a custody dispute demonstrated that disagreements over vaccinations also happen within families.

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Dialysis facility’s breach of contract claims pre-empted

A medical facility that provided regular, life-sustaining dialysis treatments lost its appeal seeking to recover more than $1.5 million from its patients’ benefit plans when the Indiana Court of Appeals found the facility’s claims were pre-empted by the Employee Retirement Income Security Act.

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Judge: Mom ‘knowingly and willfully’ violated child’s vaccination order

An Indianapolis mother, who was previously found to be in contempt of court for trying to circumvent the custody agreement that required her daughter be vaccinated, was found to have “knowingly and willfully” violated an Indiana Court of Appeals order that gave the father the sole ability make decisions about vaccinating the child.

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Convicted ex-ASC chief Burkhart loses bid to stay civil lawsuit

The former CEO of a nursing home company now serving prison time for his major role in a corporate fraud scheme has lost his bid to stay additional civil proceedings against him while he fights to have his convictions tossed on the basis of an alleged “profound conflict of interest” on the part of Indianapolis law firm Barnes & Thornburg.

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Judgment for mesh implant makers upheld after woman’s death

The estate of a woman who died after a surgical mesh patch was implanted in her body will not be able to proceed with a lawsuit against the patch’s manufacturer and patent holder after the 7th Circuit Court of Appels upheld summary judgment for the defendants Tuesday.

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