The Indiana Supreme Court today, February 16, entered an order denying the petition filed by the State of Indiana Patient Compensation Fund appealing the decision of the Indiana Court of Appeals, which held that claims against state clinics regarding their use of contaminated NECC products were governed by Indiana’s Medical Malpractice Act. Click here to see a copy of the order. This was the position argued by Foley & Small on behalf of their clients on claims brought against OSMC and the South Bend Clinic.
The order ends the appeal on whether the Medical Malpractice Act controls these claims. Further action can now be taken to move the claims forward at the trial court level. The claims will first proceed through the medical review process as established under the Medical Malpractice Act.