Articles and Blogs

On May 14, 2013, the Indiana Supreme Court issued a 5-0 opinion authored by Justice Mark Massa in State v. Doe, 2013 WL 1975865 (Ind.,2013) reversing the trial court’s denial of the Defendant’s motion to reduce a punitive award pursuant to the statutory cap.  The Court held:  the statutory cap on punitive damages that... READ MORE

The Court of Appeals recently held that a medical malpractice complaint is not considered filed upon mailing when a third-party commercial carrier is used to deliver the complaint to the Indiana Department of Insurance. The Plaintiff in Moryl v. Ransone et al. was the surviving spouse of a patient that passed away while undergoing... READ MORE

On April 30, 2012, the Wisconsin Court of Appeals decided Brooten v. Hickok Rehabilitation Services, LLC, No. 2012AP1940, unpublished slip opinion, further limiting the enforceability of standard liability waivers used by local businesses.  The decision made clear that “negligence” or “negligent” are not “magic words rendering an exculpatory clause valid.” In Brooten, the plaintiff... READ MORE

If you or your business accepted payment via Visa or MasterCard between January 1, 2004 and November 28, 2012, you may be eligible for a cash award as a result of a pending class action lawsuit. Additionally, you may be approached by consultants who will offer to register you for participation in exchange for... READ MORE

A recent Court of Appeals of Indiana decision limits future defendants from using Indiana’s Medical Malpractice Act’s statute of limitations to dismiss plaintiffs’ claims. If a plaintiff sends her complaint to the Indiana Department of Insurance within the two-year statute of limitations, but fails to provide the fee until after the two-year window has... READ MORE

On January 15, 2013, the Indiana Supreme Court issued a 5-0 opinion authored by Justice Robert Rucker in Plank vs. Community Hospital affirming the trial court’s denial of Plank’s request for an evidentiary hearing to challenge the constitutionality of the Medical Malpractice Act concluding that Plank had forfeited his opportunity to conduct such a... READ MORE

On December 12, 2012, the Indiana Supreme Court issued four opinions related to the broad discretion of the trial court in awarding prejudgment interest. In Indiana, the Tort Prejudgment Interest Statute (“TPIS”) (or IC § 34-51-4-1 et. seq.), was enacted to “encourage settlement and to compensate the Plaintiff for the lost time value of... READ MORE

Historically, plaintiffs and defendants in personal injury actions have agreed that the value of the plaintiff’s claim is largely driven by the value of the medical expenses incurred by the plaintiff as a result of the defendant’s alleged negligence, with higher costs resulting in higher values for the plaintiff’s claim and vice versa.  As... READ MORE

On November 16, 2012, the United States District Court for the Eastern District of Michigan released an 80 page opinion granting Summary Judgment in favor of St. Mary Mercy Hospital in the case Brintley v. St. Mary Mercy et al (No. 09-cv-14014). The plaintiff was a former physician at St. Mary Mercy who had... READ MORE

On September 19, 2012, the Indiana Court of Appeals issued its opinion in Columbus Regional Hospital vs. Clyde Amburgey.  The Court allowed plaintiff to proceed against the Hospital for the actions of physicians on staff as apparent agents even though the physicians were not named in the lawsuit.  The court found a material issue... READ MORE