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ST. MARY MEDICAL CENTER, INC. v. CASKO

No. 45A03-9309-CV-323.

639 N.E.2d 312 (1994)

ST. MARY MEDICAL CENTER, INC., Appellant-Defendant, Biocontrol d/b/a Biocontrol Technology, Inc., and Other Unknown Defendant, Defendants, v. Esther CASKO, As Administratrix of the Estate of Samuel Casko, Deceased, and Esther Casko, Individually, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

August 23, 1994.

Attorney(s) appearing for the Case

James D. McQuillan, Kristin D. Mulholland, Spangler, Jennings & Dougherty, P.C., Merrillville, for appellant.

David K. Galloway, Sr., Jennifer A. Eversole, Galloway & Jackson, Chesterton, for appellee.

GARRARD, Judge.

St. Mary Medical Center, Inc. (St. Mary) appeals the denial of its motion to dismiss, which was based on the contention that Esther Casko (Casko) did not comply with the statute of limitations for an action under the Indiana Medical Malpractice Act. We reverse.

FACTS

On April 27, 1987, Samuel Casko received a pacemaker while a patient at St. Mary. As a result of an alleged failure in the pacemaker, Samuel Casko died on September 26...

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