LEFT JAB AND RIGHT JAB†JULY 26, 2019
“LEFT JAB AND RIGHT JABâ€
“Right Jab And Left Jab†was created because we have two commenters that post on a daily basis either in our “IS IT TRUE†or “Readers Forum†columns concerning National or International issues.
Joe Biden and Ronald Reagan’s comments are mostly about issues of national interest.  The majority of our “IS IT TRUE†columns are about local or state issues, so we have decided to give Mr. Biden and Mr. Reagan exclusive access to our newly created “LEFT JAB and RIGHT JAB† column. They now have this post to exclusively discuss national or world issues that they feel passionate about.
We shall be posting the “LEFT JAB†AND “RIGHT JABâ€Â several times a week.  Oh, “LEFT JAB†is a liberal view and the “RIGHT JAB is representative of the more conservative views. Also, any reader who would like to react to the written comments of the two gentlemen is free to do so.
FOOTNOTE: Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.
AG Curtis Hill Continues Crime Prevention Listening Tour Across The Hoosier State
Attorney General Curtis Hill this week hosted crime prevention forums in Jeffersonville and Evansville as part of a listening tour visiting 14 cities across the Hoosier state. The purpose of the tour is to facilitate conversations aimed at developing solutions to residents’ crime-related concerns. The tour kicked off last month in Fort Wayne and will continue next month in Gary and Lafayette.
“When we come together to listen, learn and understand the problems facing our communities, we can better address the issues facing our state,†Attorney General Hill said. “Each stop on this crime prevention listening tour has been unique to each city. I am looking forward to traveling across the state hearing from community members and looking into how we can help prevent crime. With collaboration and teamwork, we can make stronger communities. My office will continue working to protect the rights, freedoms and safety of Hoosiers statewide.â€
The Office of the Attorney General will collect feedback at each forum and present findings at the office’s 10th Annual Drug Abuse Symposium on Oct. 29-30.
COA affirms wrongful death rulings against cystic fibrosis patient
IL for www.theindianalwyer.com
Judgments in favor of a hospital, insurance company and ambulance provider were affirmed Thursday in a wrongful death suit brought by a cystic fibrosis patient’s late husband. The woman died from pneumonia after a prolonged ambulance ride toward a lung transplant that ended up at the wrong hospital.
Kimberly Snyder, who was a critically ill cystic fibrosis patient at St. Joseph Regional Medical Center, was scheduled for a lung transplant in Pennsylvania in 2013. Snyder’s insurance provider, Humana Insurance Company, denied her airfare coverage to a Pittsburgh hospital for the transplant, and SJRMC arranged for Kimberly to be transported by a Prompt Medical Transportation ambulance. She was then sedated, intubated and ventilated for the journey.
However, the Prompt team arrived at the wrong location and encountered several roadblocks in finding the correct hospital. During the prolonged trip, Kimberly’s sedation medicine ran out and her condition significantly worsened. Although at the wrong hospital, she was admitted to the intensive care unit, where doctors discovered a clot clogging her breathing tube.
Although she was returned to stable condition, Kimberly contracted pneumonia and died one week later. Kimberly’s husband, Steve Snyder, on behalf of her estate, sued Prompt, SJRMC and Humana for wrongful death.
A medical review panel concluded neither Prompt nor SJRMC had breached the standard of care. The case was reinstated three years later, but Humana’s motion to dismiss was granted. In September 2017, trial against the remaining defendants was continued to April 2019 and the expert disclosure date for the estate was set for April 12, 2018.
The estate only filed one expert witness before that date but included more witnesses’ months later that were not previously disclosed to the parties. A motion to strike the additional affidavits was granted, and the trial court ultimately awarded summary judgment to SJRMC and Prompt.
In an appeal of the trial court’s ruling, the estate argued the trial court erred in striking its additional affidavits and in its dismissal of Humana. First, the estate argued that even if its expert disclosures were untimely, the sanction of striking the affidavits was too harsh because it resulted in summary judgment being entered against it.
The Indiana Court of Appeals disagreed in Steve Snyder, as Personal Representative of the Estate of Kimberly Snyder, Deceased v. Prompt Medical Transportation, Inc.; Humana Insurance Company; and St. Joseph Regional Medical Center, 18A-CT-03112, finding that the additional experts were disclosed five months after the set deadline had passed, with no relief sought by the estate from the deadline.
It further found that the estate’s sole witness stated he could not say whether there was a “clear-cut causal relationship†between Kimberly’s instability upon arriving at the ICU or her subsequent pneumonia.
“In other words, at his deposition, Dr. Pilewski opined implicitly that SJRMC’s decision to transfer Kimberly to Pittsburgh by ambulance and explicitly that Prompt’s conduct during that ambulance ride did not, in fact, cause Kimberly’s death,†Judge John G. Baker wrote. “And while he might believe that the outcome would have been different had the disastrous ambulance ride not occurred, he conceded that any such belief is based on pure speculation.â€
The panel thus concluded that the trial court properly focused on the expert’s deposition testimony rather than his affidavit with respect to causation and did not err in granting the defendants summary judgment.
Additionally, the appellate panel noted that the estate’s argument with Humana’s determination that ground transportation was not contraindicated was not negligent under Indiana law.
“Indeed, if allowed to stand, the Estate’s complaint could theoretically allow Humana to be found negligent even if it fully complied with all federal laws and regulations. Under these circumstances, we can only conclude that the Estate’s claims, which sound in state law that must be applied with respect to Medicare Part C, are pre-empted pursuant to Part C’s express preemption provision,†Baker wrote. “Therefore, the trial court did not err by granting Humana’s motion to dismiss.â€
Gov. Holcomb Public Schedule for July 26
INDIANAPOLIS – Below find Gov. Eric J. Holcomb’s public schedule for July 26, 2019.
Friday, July 26: BWI Grand Opening
WHO:Â Â Â Â Â Â Â Â Â Â Â Â Â Gov. Holcomb
Greenfield Mayor Chuck Fewell
BWI executives
WHAT:Â Â Â Â Â Â Â Â Â Â Â The governor will give remarks.
WHEN:Â Â Â Â Â Â Â Â Â Â Â 10 a.m., Friday, July 26
WHERE:Â Â Â Â Â Â Â Â Â BWI Group
989 Opportunity Parkway
Greenfield, IN 46140
Friday, July 26: National Urban League Annual Conference – Legacy Leadership Luncheon
WHO:Â Â Â Â Â Â Â Â Â Â Â Â Â Gov. Holcomb
WHAT:Â Â Â Â Â Â Â Â Â Â Â The governor will give remarks.
WHEN:Â Â Â Â Â Â Â Â Â Â Â Noon, Friday, July 26
WHERE:Â Â Â Â Â Â Â Â Â Indiana Convention Center
Sagamore Ballroom
100 S. Capitol Ave.
Indianapolis, IN 46225
EVSC Foundation to Present Checks to EVSC Schools
Southern Indiana Career and Technical Center, 1901 Lynch Road, Evansville
More than $200,000 will be distributed to schools in the Evansville Vanderburgh School Corporation Friday thanks to donors of the EVSC Foundation. The EVSC Foundation will present checks to schools at a welcome back breakfast Friday beginning at 7:30 a.m.
The check distribution is the result of fundraising efforts throughout the year and will help schools fill gaps in their individual budgets. As this academic year begins, some of the main focuses of EVSC Foundation are fundraising for teacher professional development, school endowments, and classroom grants. Annually, the foundation raises funds for more than 100 programs that benefit teachers and students.
EVSC Foundation’s mission is to enhance educational opportunities through the development of individual and community partnerships to support learning and student success. Friday’s presentation will be just one example of how the foundation supports educators and their students.
ADOPT A PET
Roomba is a 2-year-old male tuxedo cat. He always sits with his paw on his cage like so! And he’s a super playful guy. The VHS team enjoys being silly with him when they walk by! His adoption fee is $40 and includes his neuter, microchip, vaccines, & more. Contact Vanderburgh Humane at (812) 426-2563 for adoption details.
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Register now for our October retreat, or sign up to help out!
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Where do all the Downtown Evansville construction projects stand?
CLOSE
EVANSVILLE, Ind. — Major construction projects continue across Downtown Evansville, and in some cases, they are nearing the finish line.
Here’s a glimpse at what’s happening:
St. Vincent Evansville YMCA
This $16.5 million St.Vincent Evansville YMCA is on the fastest track of any Downtown construction. It’s set to open on Labor Day weekend at Court and Northwest Sixth streets, across from the current YMCA.
The two-story building isn’t bigger than the existing YMCA, but it will better utilize space. Its second-floor wellness area will have large windows with views of Downtown. St. Vincent will occupy some of the building with a family-care practitioner and physical therapy rehabilitation services.
YMCA officials have not determined how the vacated building will be used, except for one section that’s being turned into 62 affordable housing units.
Hyatt Place
Developer Hemang Shah expects the 139-room Hyatt Place hotel on Southeast Second Street to be finished by the end of 2019.
The $18 million project was announced three years ago and encountered some delays, but Shah said construction will accelerate once the building is under roof, which will happen soon.
The Mediterranean
Construction continues at the old Riverhouse at Riverside Drive and Walnut Street, which developer George Yerolemou is turning into a boutique hotel called The Mediterranean. This hotel project also has had some delays.
The building’s exterior is taking shape, but an updated timeframe has not been released. Once finished, it’s expected to have about 70 guest rooms.
Post House
At $40 million, Post House is viewed by Evansville officials as a major Downtown development, bringing housing, retail and innovation. Surrounded by the Old Post Office, Fifth Third Center and Bru Burger Bar, the two-building project is expected to finish in early 2020, weather permitting.
Leasing is to start in September on the property’s 144 apartments. Price points have not yet been released. The property has a rooftop outdoor pool for its residents.
The ground floor has storefront spaces, and occupants are being sought.
Parking is underground, and the property is to have solar panels and electric car charging.
Vectren, a CenterPoint Energy company, will pilot energy efficiency technologies at Post House. Others partners are Scannell of Indianapolis, CRG Residential of Carmel and property manager Barrett & Stokely of Indianapolis.
Between the complex’s two buildings is a spacious grassy area with a large overhead video screen.
Deaconess Clinic
Steel framing is erected for the new Deaconess Clinic on Walnut Street. A spring 2020 completion date was announced when the project broke ground in February.
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