Harley is a 4-month-old male yellow Lab/pit bull mix puppy! He is very playful & sweet. He’s best buddies with Applejack, another male 4-month-old puppy up for adoption at the VHS. Harley’s adoption fee is $120 and includes his neuter, vaccines, microchip, and more! Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!
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Audi is a 2-year-old female brown tabby! She’s affectionate and funny, as you can see from her photo! Audi gets along great with other cats in the Cageless Cat Lounge. Her $30 adoption fee includes her microchip, vaccines, spay, and FeLV/FIV test. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!
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Snuffles is a 5-month-old female Californian rabbit! She’s very sweet and has a long life ahead of her: 10-12+ years. PLEASE don’t buy pet store bunnies — adopt! There are so many shelter rabbits looking for good homes for life, not just for Easter. Snuffles’ adoption fee is only $30 and includes her spay! Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!
 University of Southern Indiana Softball junior first baseman Marleah Fossett (Brownsburg, Indiana) went a combined 5-of-8 with two doubles, a home run and seven RBIs, but the No. 14 Screaming Eagles had to settle on a Great Lakes Valley Conference doubleheader split with host Missouri University of Science & Technology Sunday afternoon.
USI (24-6, 5-3 GLVC) won the opener, 7-1, before suffering a 5-4 setback in extra innings in game two.
The Eagles, who have lost six games by one run this year, return to action Wednesday at 6 p.m. when they take on former GLVC foe Kentucky Wesleyan College in a Midwest Region doubleheader at the USI Softball Field.
Southern Indiana (24-6, 5-3 GLVC): 7, Missouri S&T (12-17, 4-4 GLVC): 1
Fossett had a double and four RBIs in USI’s opening-game win, including a two-run single in a third inning that saw the Eagles turn a scoreless tie into a commanding 4-0 advantage.
USI had five hits in the top of the third inning, including three straight to begin the frame. Sophomore second baseman Claire Johnson(Pittsboro, Indiana) had an RBI-single, then scored on Fossett’s two-run hit two batters later. Fossett scored the fourth run when senior catcher Haley Hodges (Portage, Indiana) was thrown out trying to steal second.
The Eagles scored three more runs in the seventh inning as a two-run double off the bat of Fossett and a run-scoring single by Hodges put USI up 7-0, giving freshman pitcher Jennifer Leonhardt (Louisville, Kentucky) all she would need for her 13th win of the year.
Leonhardt (13-1) gave up just one run off four hits, while striking out seven batters for her 10th straight decision. The home run she gave up in the bottom of the seventh was the first run she has given up in the four GLVC games she has started in the circle.
Missouri S&T: 5, Southern Indiana: 4
After falling behind, 1-0, in the bottom of the second inning, USI roared back with three in the top of the third inning to take a 3-1 lead.
Fossett had a two-run double to put the Eagles on the board, while Hodges followed with an RBI-double to give USI the two-run lead.
Missouri S&T (12-17, 4-4 GLVC), however, countered the Eagles’ attack by loading the bases in the last half of the third inning and chasing away starting pitcher Courtney Atkisson (Bringhurst, Indiana). Sophomore utility player Caitlyn Bradley (Forest, Indiana) came into the game, but surrendered two runs before getting USI out of the jam with a 3-3 tie.
Fossett’s solo shot in the fifth inning gave USI a 4-3 advantage, but a solo home run by Missouri S&T’s Savannah Fedorchack nullified the Eagles’ advantage and eventually sent the game into extra innings.
USI had a runner in scoring position in the top of the eighth inning, but failed to come away with a run. Missouri S&T, however, took advantage of a one-out double and an error to push across the game-winning run.
Bradley (3-2) was charged with the loss after giving up two runs, one earned, off seven hits in 5.1 innings of work. Leonhardt came on in the bottom of the eighth inning, but could not prevent the game-winning run from crossing the plate.
Southern Indiana 7, Missouri S&T 1 (Mar 26, 2017 at Rolla, MO) (Game 1)
———————————————————————-
Southern Indiana…. 004 000 3 -Â 7 11Â 0Â Â Â Â Â (24-5, 5-2 GLVC)
Missouri S&T…….. 000 000 1 -Â 1Â 4Â 0Â Â Â Â Â (11-17, 3-4 GLVC)
———————————————————————-
Pitchers: Southern Indiana – Leonhardt, Jennifer and Hodges, Haley. Missouri S&T –
English, Avery; Hill, Ashley(7) and Heckemeyer, Kelly.
Win-Leonhardt, Jennifer(13-1)Â Loss-English, Avery(6-8)Â T-1:26Â A-77
HR MST – Fedorchak, Savannah (4).
Weather: Partly Cloud, Wind RF to LF
Game: 29-MST
Missouri S&T 5, Southern Indiana 4 (Mar 26, 2017 at Rolla, MO) (Game 2)
———————————————————————-
Southern Indiana…. 003 010 00 -Â 4 10Â 2Â Â Â Â Â (24-6, 5-3 GLVC)
Missouri S&T…….. 012 010 01 -Â 5 13Â 2Â Â Â Â Â (12-17, 4-4 GLVC)
———————————————————————-
Pitchers: Southern Indiana – Atkisson,Courtney; Bradley, Caitlyn(3); Leonhardt, Jennifer(8) and
Hodges, Haley. Missouri S&T – Viets, Kati and Heckemeyer, Kelly.
Win-Viets, Kati(6-8)Â Loss-Bradley, Caitlyn(3-2)Â T-1:53Â A-72
HR USI – Fossett, Marleah (3).
HR MST – Fedorchak, Savannah (5).
Weather: Cloudy, Wind from RF to LF
Atkisson, C. faced 3 batters in the 3rd.
Leonhardt, J faced 1 batter in the 8th.
Game: 30-MST
Parties Urge Justices To take Med-Mal Case To Provide Clarity
Olivia Covington for www.theindaianalawyer.com
A medical malpractice case on petition to transfer before the Indiana Supreme Court had both the appellants and appellees urging the justices Thursday to take their case.
Since the case of case of K.D. v. Chambers, 951 N.E.2d 855 (Ind. Ct. App. 2011) was handed down — with the Court of Appeals holding that theories of a breach of a standard of care not presented to the medical review panel cannot be presented to the court in a medical malpractice case — there has been confusion as to what evidence and claims must be presented at the panel stage, the attorneys said. Both parties want the court to accept the case of Charles McKeen, M.D. v. Billy Turner, 53A05-1511-CT-02047, to provide clarity, though that is where their agreement ended.
In McKeen, Billy Turner brought a medical malpractice suit against Dr. Charles McKeen after McKeen performed surgery on Turner’s wife to remove part of her colon. Turner’s wife later died, but the medical review panel found that McKeen had not breached the standard of care.
When Turner brought the case to the trial court, McKeen moved to strike the testimony of a hematologist because the issues the hematologist would address were not raised to the panel. But the trial and appellate courts rejected the motion to strike, with Judge John Baker specifically finding in the October opinion that K.D. was wrongly decided or has been misread. Instead, Baker wrote that plaintiffs’ complaints must encompass the theories raised at trial and evidence related to those theories must have been presented to the panel.
Jim Young, counsel for Turner, praised Baker’s analysis to the Supreme Court justices and noted the review panel is meant to be an informal process. Young further said that while presenting a narrative of the case to the review panel is helpful, it is not statutorily required. Thus, litigants can’t waive their claims at trial on the basis of failing to enumerate them in the narrative submitted to the panel if the narrative is not even necessary, he said.
But Justice Steve David expressed concern about viewing the review panel process as merely a “checkoff†on the way to trial, rather than giving the panel’s decision its due consideration. Young said he did not view the panel process in that light, but also cautioned against using the panel as a means of limiting the issues that can be brought before a jury.
However, Michael O’Neill, counsel for McKeen, repeatedly noted that discovery rules apply under the Medical Malpractice Act, so the parties must use discovery tools to shape their case.
When a “bare bones†complaint against a health care provider is filed, O’Neill said attorneys must use discovery to obtain medical and other relevant records to determine the specific issues of the case. Thus, when Chief Justice Loretta Rush asked whether every single document must be submitted to the review panel, O’Neill said enough information must be provided to enable the panel to render a reliable opinion that can be considered in court.
But if Baker’s rationale in McKeen is rejected, then Young said there would be an imbalance of prejudice and harm against the patient, who would be required to present every possible claim against their doctor to the review panel. The panel process was never intended to cause such harm, Young said, but instead to be an informal process.
Jerry Garau, who argued before the justices as amicus counsel for Turner on behalf of the Indiana Trial Lawyers Association, said the decision in K.D. had thrown a banana peel into the process of litigating medical malpractice claims and urged the court to affirm or adopt the decision in McKeen. Garau said it is rare to do full discovery at the panel stage, and noted that existing trial rules already allow parties to amend their complaints as they learn new facts through discovery.
The Defense Trial Counsel of Indiana served as amicus to McKeen’s case, though its representative, Crystal Rowe, did not argue before the court. The full oral arguments can be viewed here.
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