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Quillen v. Anonymous Hospital

Court of Appeals of Indiana

March 27, 2019

Rosemary Quillen, as Personal Representative of Patricia Cook, Deceased, Appellant-Respondent,
v.
Anonymous Hospital and Anonymous Physicians A, B, and C, Appellees-Petitioners

          Appeal from the Porter Superior Court The Honorable Roger V. Bradford, Special Judge Trial Court Cause No. 64D02-1710-CT-9381.

          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, Indiana.

          BAKER, JUDGE.

         [¶1] 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 affirm.

         Facts

         [¶2] Cook was admitted to the Hospital on November 3, 2014; while there, she was treated by the Physicians. She died on November 5, 2014.

         [¶3] 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 Panel.

         [¶4] 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.

         Because 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 ...


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