News - Appeals Taken in NECC-Clinic State Court Cases

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 The State of Indiana/Patients Compensation Fund has taken steps to bring appeals the cases pending against the South Bend Clinic in the St. Joseph Superior Court in South Bend and against OSMC in the Elkhart Superior Court in Elkhart. Foley & Small represents more than 80 former patients who received contaminated injections from the clinics.  A notice of appeal was filed in the Elkhart litigation where judge Roberts granted summary judgment concluding that the Indiana Medical Malpractice Act applied to the patient/claimant claims against OSMC and the Fund. In South Bend, Judge Chapleau granted a motion to dismiss filed by the Clinic addressing the issue of the applicability of the Indiana Medical Malpractice Act. The motion to dismiss asserted that the claims by the former patients of the clinic were not general negligence claims but medical malpractice claims that should be controlled by the Act. Judge Chapleau also found that the Act applied to the claims by patients brought against the Clinic. The Fund opposes these rulings because with a finding that the patient claims are governed by the Act, the Fund would be liable to make payment on those claims after initial payment by the clinics.

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