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ROBERTSON v. ANONYMOUS CLINIC

No. 71A03-1512-CT-2199.

63 N.E.3d 349 (2016)

Stephen W. ROBERTSON, Commissioner, Indiana Department of Insurance, as Administrator of the Indiana Patient's Compensation Fund, Appellant/Intervenor, v. ANONYMOUS CLINIC, (Defendant Below) and Terri J. Rethlake, et al. (Plaintiffs below), Appellees. Stephen W. Robertson, Commissioner, Indiana Department of Insurance, as Administrator of the Indiana Patient's Compensation Fund, Appellant/Intervenor, v. Orthopedic and Sports Medicine Center of Northern Indiana; ASC Surgical Ventures, LLC; OSMC; John Doe Company; Medical Protective Corporation; Medical Insurance Services, Inc. (Defendants Below) and Joe and Linda Alcozar, et al. (Plaintiffs below), Appellees.

Court of Appeals of Indiana.

November 7, 2016.

Attorney(s) appearing for the Case

Anne L. Cowgur , Geoffrey Slaughter , Taft Stettinius & Hollister LLP, Indianapolis, IN, Attorneys for Appellant.

David C. Jensen , David J. Beach , Louis W. Voelker , Eichhorn & Eichhorn, LLP, Hammond, IN, Attorneys for Appellee Anonymous Clinic.

Lyle R. Hardman , Hunt Suedhoff Kalamaros LLP, South Bend, IN, Attorney for Appellee Orthopedic and Sports Medicine Center of Northern Indiana.

James A. Piatt , Joseph N. Williams , William N. Riley , Riley Williams & Piatt, LLC, Indianapolis, IN, Douglas D. Small , Foley & Small, South Bend, IN, Attorneys for Appellees Terri J. Rethlake, et al.

Patrick A. Shoulders , Steven K. Hahn , Ziemer Stayman Weitzel Shoulders LLP, Evansville, IN, Attorneys for Amici Curiae St. Mary's Health Services, Inc., and St. Mary's Medical Center of Evansville, Inc.

Case Summary2

Beginning in 2012, patients around the country began suffering meningitis after being injected with preservative-free methylprednisolone acetate ("MPA"), a steroid purchased from New England Compounding Pharmacy, Inc., a/k/a the New England Compounding Center ("NECC"). It was...

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