Rosemary Quillen, as Personal Representative of Patricia Cook, Deceased, Appellant-Respondent,
Anonymous Hospital and Anonymous Physicians A, B, and C, Appellees-Petitioners
from the Porter Superior Court The Honorable Roger V.
Bradford, Special Judge Trial Court Cause No.
ATTORNEY FOR APPELLANT Theodore L. Stacy Valparaiso, Indiana.
ATTORNEY FOR APPELLEE ANONYMOUS HOSPITAL Michael A. Sarafin
Johnson & Bell, P.C. Crown Point, Indiana.
ATTORNEY FOR APPELLEE ANONYMOUS PHYSICIAN A Robert F. Parker
Burke Costanza & Carberry LLP Merrillville, Indiana.
ATTORNEYS FOR APPELLEE ANONYMOUS PHYSICIAN B Michael E.
O'Neill Jessica L. Mullen O'Neill McFadden &
Willett LLP Schererville, Indiana.
ATTORNEYS FOR APPELLEE ANONYMOUS PHYSICIAN C Sharon L.
Stanzione Alan M. Kus Johnson & Bell, P.C. Crown Point,
Rosemary Quillen, as personal representative of Patricia
Cook, appeals the trial court's order dismissing her
proposed medical malpractice complaints against Anonymous
Hospital (the Hospital) and Anonymous Physicians A, B, and C
(collectively, the Physicians). Quillen argues that the chair
of the Medical Review Panel (the Panel) did not establish a
permissible schedule for submission of evidence; that even if
the schedule was permissible, she showed good cause for her
failure to comply; and that even if she did not have good
cause for her failure to comply with the schedule, the
sanction of dismissal is inappropriate. Finding no error, we
Cook was admitted to the Hospital on November 3, 2014; while
there, she was treated by the Physicians. She died on
November 5, 2014.
On January 15, 2016, Quillen filed a proposed complaint with
the Indiana Department of Insurance alleging that Cook's
death was the result of medical malpractice committed by the
Hospital and the Physicians. The parties agreed on the
identity of the person who would chair the Panel and
eventually agreed on the members who would serve on the
On May 18, 2017, the Panel was certified. That same day, the
Panel Chair set the following schedule by which the parties
were to tender their respective Panel submissions to him.
• August 1, 2017: Quillen's submission due to Panel
Chair and other parties.
• October 1, 2017: submissions of the Hospital and
Physicians due to Panel Chair and other parties.
• Quillen would have ten days after receiving those
submissions to make a rebuttal submission.
the Panel Chair realized that the parties might object to
materials submitted by each other, resulting in certain
materials being omitted from the final submission, he
informed the parties that he would not provide their
materials to the Panel until the contents were final. Quillen
did not object to the schedule or the Panel ...