By Walter F. Roche Jr.
Indiana victims of the 2012 fungal meningitis outbreak are expected to appeal a double setback dealt recently by an Elkhart Superior Court judge.
In a 16-page decision issued in late February Judge Kristin Osterday rejected a motion filed by the victims' attorney to declare that the clinics who injected the patients violated state and federal law.
The judge also granted a motion filed by attorneys for the Orthopedic and Sports Medicine Center which limits the instructions the chairmen of review panels can give to the panel members.
The review panels, under Indiana law, must review malpractice claims before they can go before a jury.
"The court orders the panel chairs to remove legal argument from the evidentiary submissions," the ruling states.
In a letter to the outbreak victims he represents, Douglas Small said he was "surprised and greatly disappointed" by the decision. He noted that on a key issue in the case the judge apparently reversed herself.
Small said he intended to appeal Osterday's decision to the Indiana Court of Appeals.
In her decision the judge said the issues raised in the suit would be judged under the terms of a federal law and not other state and federal statutes.
Contact: wfrochejr999@gmail.com
Who is getting the judge to reverse herself. OSMC? These victims have suffered enough and should be entitled to a decent settlement. Shame.
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