News - Indiana Court of Appeals Oral Argument Goes Well in NECC State Clinic Litigation

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 Oral argument occurred on October 19 before the Indiana Court of Appeals in the NECC State Clinic litigation. Doug Small of Foley & Small presented the oral argument on behalf of the more than 150 injured claimants in Indiana and southern Michigan who have asserted claims against Indiana-based clinics who purchased and injected patients with the contaminated epidural injections purchased from NECC. 

The issue before the Court of Appeals is whether Indiana's Medical Malpractice Act applies to the claimant's claims. Two trial courts, one in St. Joseph County and the other in Elkhart County, each ruled that the Malpractice Act applies to the claims, which is the position that was and is being advocated on behalf of the individual claimants. The questioning from the judges on the court panel suggested that they were leaning in favor of affirming the trial court rulings, which should prove to be good news for the clients of Foley & Small and the other claimants in Indiana and Michigan asserting claims against the local clinics. A ruling from the court is expected within the next 3 to 6 months.

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