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Katie Stancombe for www.theindianalawyer.com
The 7th Circuit Court of Appeals ruled against a woman suing a company for product liability after a piece of her implanted birth control device broke during its removal and was left inside her uterus.
Cheryl Dalton sued Teva North America, the manufacturer of the ParaGard Intrauterine Device (IUD), on three product liability claims — strict liability, strict product liability failure to warn and manufacturer’s defect.
The IUD was only partially removed by Dalton’s doctor, as a piece had broken off either before or during removal. Dalton’s doctor advised her that removing the remaining portion of the IUD would require a hysterectomy.
Dalton sued Teva in federal court and was given until November 18 by the district court to disclose expert witnesses and evidence, but she did not do so. She argued that the causation issue was so straightforward that expert testimony was unnecessary.
Dalton contended that “proximate cause is obvious†because it involves “uncomplicated facts that lead to only on[e] conclusion.†In Dalton’s view, a juror could look at a broken IUD and plainly see that some error of Teva’s caused the break. But the district court held that her speculation was insufficient to sustain a products liability action under the Indiana law.
The 7th Circuit Court of Appeals agreed and affirmed the district court’s grant of summary judgment to the IUD maker Monday in Cheryl Dalton v. Teva North America, et al. 17-1990.
“Maybe the IUD was damaged after coming into the possession of the physician, maybe human error resulted in damage or some other problem during implantation or removal, or maybe there’s another explanation entirely,†Circuit Judge Amy Coney Barrett wrote.
Dalton provided no explanation for how a lay juror faced with a broken IUD could identify the cause of the break, Barrett wrote. The panel noted the Indiana Products Liability Act insists upon expert testimony when an issue “is not within the understanding of a lay person.â€
Attorney General Curtis Hill announced today that workers — including inmates of the Indiana Department of Correction (IDOC) — have concluded restoration and repair work begun last year to preserve historic features of the Attorney General’s Office in the Indiana Statehouse. The project included restorative painting, refurbished woodwork, doors, doorframes and lighting. In addition to historic preservation, the project also included updated electrical wiring and furnishings, among other items.
“We respect the historic value of this space,†Attorney General Hill said. “We are committed to maintaining this space, and we are pleased that the completed restoration will provide decades of use on behalf of Hoosiers.â€
This work occurred amid many other recent renovations and upgrades needed at the Indiana Statehouse and its campus. An ongoing project to repair the roofline and stairs surrounding the Statehouse was estimated to cost $1.8 million. In 2016, the state spent more than $6 million to reconfigure outdoor landscaping west of the Statehouse between the North and South Government Centers, creating the Bicentennial Plaza.
In planning the restoration of the Attorney General’s Office (SH 219), Attorney General Hill and his staff worked to contain costs as much as possible. Ultimately, the total cost of the project was approximately $335,000.
A vital cost-saving measure involved the work of approximately a dozen inmates through a program offered by the IDOC that aims to teach and supervise practical wood craftsman skills to qualifying offenders. The new heavy oak doors, for example, were crafted by inmates at the Pendleton Correctional Facility. In addition to saving money, the partnership played a role in the ongoing rehabilitation of offenders paying their debt to society.
“I truly appreciate the vision of IDOC Commissioner Rob Carter,†Attorney General Hill said. “He cares deeply about implementing ways for inmates to improve themselves and forge brighter futures despite past mistakes. All of society benefits when we reduce recidivism by enabling inmates to leave prison more prepared to pursue productive paths.â€
Brian, an inmate from the Edinburgh Correctional Facility brought to the Statehouse to work on the project, spent hours on the office’s historic and ornate woodwork. He performed such tasks as removing old stain, sanding and re-staining.
“It gives you more experience on more job skills,†the inmate said. “This is something I had never done before. So you never know, when you’re back out in society, you might be able to use it. . . . It makes you feel better about yourself being able to get out and do something that is positive for the community.â€
The current Indiana Statehouse, completed in 1888, is listed on the National Register of Historic Places. On the building’s 100th anniversary in 1988, Gov. Robert D. Orr’s administration spearheaded an $11 million renovation throughout the entire building. The Attorney General’s Statehouse Office, however, received no attention at that time, and little since.
The condition of the office was poor when the current administration arrived in January 2017. Going back decades, the space had been “cannibalized†with historic doors and other original fixtures having been removed and not replaced. Damage to the walls and flooring was extensive, and the electrical wiring needed to be updated and repaired.
Last year, Attorney General Hill directed his staff to use resources recovered through the Consumer Settlement Fund to perform needed restoration work, repair the damage and bring SH 219 up to the standards reflected throughout the rest of the Statehouse. Throughout construction, Attorney General Hill and his staff prioritized wise stewardship of resources.
Among many obvious necessities was the updating of lighting in the office and the replacement of the original seven chandeliers that had been missing for decades. Rather than purchase new fixtures, the Attorney General’s staff found seven used chandeliers from Jonathan Byrd’s Cafeteria as that business vacated its former Johnson County premises.
“Although the settlement funds used for this project do not come directly from the taxpayers, we feel the same obligation to exercise frugality and wisdom in the way we utilize them,†Attorney General Hill said.
Along the way, General Hill and the staff made interesting discoveries during the restoration work – finding impressive wood and marble flooring, for example, hiding beneath layers of carpet, padding and adhesive. These historic flooring surfaces have now been restored and are now fully visible to the public.
University of Southern Indiana Softball Head Coach Sue Kunkle and Assistant Coaches MacKenzi Dorsam and Lexi Reese have been collectively named the Midwest Region Coaching Staff of the Year by the National Fastpitch Coaches’ Association in an announcement Monday. This is the second straight year that Kunkle’s staff has been honored with the award.
Led by Kunkle, the Screaming Eagles captured the program’s first-ever NCAA Division II National Championship, its second straight Midwest Region title, and its first Great Lakes Valley Conference Tournament championship since 1998. The national title also was the fourth team title in school history and the first by a women’s sport.
USI finished the year with a 41-23 overall record and a 15-13 mark in GLVC play during the 2018 season. The Eagles reached the 40-win plateau for the third time in program history and posted a 14-1 record in the postseason, including a 5-0 mark at the NCAA II Softball Championship.
Kunkle, in her 17th year at the helm of the USI Softball program, became the first coach in school history to amass 500 career wins at USI. The two-time GLVC Coach of the Year saw her career record at USI improve to 513-361-1 (.587).
Under Kunkle, USI has qualified for the last four NCAA II Tournaments and five of the last six.
Dorsam concluded her third year with the Eagles’ coaching staff and second as the Eagles’ top assistant after serving as a graduate assistant in 2016. She was the GLVC Player of the Year in her final season with the Eagles’ in 2015.
Reese finished her first season as a graduate assistant on the Eagles’ coaching staff after stellar three-year playing career as the Eagles’ shortstop. She was an All-GLVC honoree and a three-time Academic All-GLVC honoree during her playing career with the Eagles.
We hope that today’s “IS IT TRUEâ€Â will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?
IS IT TRUE that we all knew it was coming someday for some reason but Evansville’s First Lady Carol McClintock made her opinion known on the controversial noise ordinance that is aimed directly at KC’s Marina Pointe next to the LST?…it seems as though that the Shadow Mayor McClintock is being disturbed by live bands and garbage trucks from her downtown loft apartment to the point that she can’t sleep through the night?…in an e-mail sent to select members of the Evansville City Council First Lady McClintock seemly feels that “live bands are the culprit†and that “dumpsters are a menace” that wakes her up at 4:30 am?…being a long time political operative Ms. McClintock is well versed in the art of getting her way with elected officials so we expect we have not heard the last of the dumpster and musician menace in downtown Evansville?
IS IT TRUE that the City of Evansville was the scene of a couple of deaths by gun over the weekend that will most likely not be classified as homicides?…the first was one of those shooting was seemly because of extremely poor judgement?…the shooter, in this case, was alledgely stupid enough to fire a gun inside an apartment that has frame and drywall separating one unit from another?…when all was said and done this shot entered the body of an innocent person in another apartment who was innocently sleeping in the next apartment?…it’s possible that the shooter will be charged with something less than 1st degree murder but will be charge with a crime that killed another human being?
IS IT TRUE in another incident in broad daylight in the 1700 block of Coker Avenue, a home was broken into by a would be burglar who ended up being shot by the resident?…the shooter, in this case, is believed to be legally protected due to the fact that the shooting was allegedly done in self-defense?…this is where things get weird?…the shooter was then found to have some 8 ounces of cannabis in his possession outside in his van?…what followed is that the victim of the would be burglar ended up being charged with possession of marijuana which in the State of Indiana is a crime on the same level has being a narcotics dealer?…one thing is clear and that is if the shooter had not become the victim of a would be burglar that he would not have been charged with possession of marijuana with intent to sell?…while eight ounces is on the high (no pun intended) side of what one may keep for personal use or medicinal purposes, it is also not enough to be considered a member of a drug cartel?…it is sort of ridiculous to consider that this man may be incarcerated for first being the victim of a burglar?…perhaps the time is now for Attorney General Jeff Sessions considers to decriminalize cannabis so the taxpayers don’t spend $50,000 per year of taxpayer dollars to incarcerate a harmless person?
IS IT TRUE that it has been reported that the management group that is in charge of the McCurdy apartments in Downtown Evansville faces a $750,000 plus water/sewer bill? …the bill happened as a result of The Kunkel Group’s installation of an open-loop geothermal system to heat and cool the recently embattled Riverfront building?… the City of Evansville estimates, the McCurdy sends 12 million gallons of water to the treatment plant per month, which amounts to 3 percent of the East Side treatment facility’s capacity?… This exorbitant cost has the potential to be the death knell of the McCurdy as it amounts to $150,000 per month which equates to over $1,500 per apartment per month?… The Kunkel Group is thought to have invested an estimated $10 million into redeveloping the historic building, which faces the Ohio River?…we are concerned for the future of renewable energy in Evansville, In as the rent for these apartments to sustain the operational cash flow will have to be between $2,500 and $3,000 per month for the operator to have any incentive to do anything but dump the McCurdy back onto the market at which time it will most likely sit there unoccupied for another 9 years or more?
IS IT TRUE that the real backbone of the Vanderburgh/Evansville Convention and Vistors Bureau are Ashley Vezzoso-Schaefer the Director of Sales; Brooke Harmening the Sales Manager; Lexi Reese the Housing Bureau & Convention Services Coordinator and Lori Samples the Director of Marketing and Communications?  …we commend them for doing an outstanding job in promoting tourism for our area?
IS IT TRUE we been told that several qualified Evansville Lawyers who happen to be Democrats are very interested in becoming the next attorney for the Evansville City Council this coming year?  …the Democrats have a 5 to 4 advantage on City Council and should be able to determine who becomes the next Evansville City Council attorney?…we are told that residency and party affiliation will be the deciding factors that decide who will be appointed the next City Council attorney for the 2019 budget year?
IS IT TRUEÂ we are being told that Burdette Park Director, Jerry Grannon, is doing well in his new position? …under Mr. Grannon leadership Burdette Park saw the highest attendance in over ten years and this coming summer should prove to be a “Block Buster” for Burdette Park?
IS IT TRUE that former Burdette Park Director, Jacob Murphy, is doing a good job as the new Director of the Weights and Measures Department? ….Jacob served two years at Burdette Park and was transferred to Weights and Measures earlier last year? Â …we hear that Mr. Murphy is extremely happy in his new position?
IS IT TRUE one way that members of the Evansville City Council can ensure that financial reports provided to them by the City Controller are accurate is for the Controller to be elected by the citizens of Evansville?
Todays “Readers Poll†question is: DO you feel that the EPD should turn the results of the Forensic Audit of ECHO HOUSING over to the Vanderburgh County Prosecutor office for possible criminal indictments?
Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS†and “LOCAL SPORTSâ€.  You now are able to subscribe to get the CCO daily.
If you would like to advertise on the CCO please contact us CityCountyObserver@live.com.
AGENDA of Vanderburgh County Board of Commissioners
June 5, 2018, at 3:00 pm, Room 301
Joe Taylor spent 28 years in the Quad Cities, serving for a time as the executive director of the Davenport, Iowa based convention and visitors bureau. He says there’s not many difference between Evansville and the Quad Cities: both sit on a major river, similarly sized population, and even the same company runs the Ford Center and the major arena there.
Now-former executive director Bob Warren puts a lot of faith into Taylor. He gave his blessing during Monday’s ECVB meeting which served as Taylor’s first day on the job.
Taylor walks into a city that’s on the rise. Plenty of signature events like the OVC Championship, Jehovah’s Witness Convention dot the Evansville calendar. Taylor says he is committed to bringing even more events in by selling the city as a destination.
SOUTHWEST INDIANA CHAMBER HOSTS THE ANNUAL LUNCH WITH THE GOVERNOR
EVANSVILLE, Ind. On June 8, 2018, The Southwest Indiana Chamber will host Lunch with the Governor from 11:30 am to 1:00 pm at Old National Events Plaza.
The Southwest Indiana Chamber is excited to welcome the Indiana governor to the regional business commuÂnity for the Lunch with the Governor event. The governor will highlight upcoming state project and plans for the next year.
This event attracts Chamber members, elected and appointed officials, key community leaders, and our strategic partners. This event has enjoyed a SOLD-OUT status for several years.
Footnote: Sponsors for this event include Vectren, Old National Bank, and C.H. Robinson
About Southwest Indiana Chamber
Since 1915, the Southwest Indiana Chamber has been a trusted ally of the regional business community. Today we are one of the state’s largest, strongest, and most impactful nonprofit business organizations, representing a total membership of more than 1,500 businesses, organizations, and agencies. About one-third of members have invested in our organization for 10 or more years. While nearly all major employers in our region invest in the Southwest Indiana Chamber, 71% of our member businesses have 25 or fewer employees.
Learn more about the Chamber, our members, and the Southwest Indiana regional business community at www.swinchamber.com. 318 Main St., Suite 401, Evansville, IN 47708.
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