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COA: Minors’ Malpractice Suit Can Continue

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Scott Roberts for www.theindianalawyer.com

The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.

Traci Leach died from lung cancer after a radiologist failed to diagnose a tumor on a CT scan. Multiple medical malpractice suits followed, but the hospital the doctor worked for was granted summary judgment in all but the children’s cases because they were untimely filed. Leach had three children with Kenneth Lockridge, Lily Lockridge, Rose Lockridge and Kenneth Lockridge Jr., and two other children from another relationship. The Lockridges and the two other children filed separate suits.

The Lockridges did not have their case dismissed because they were under six years old at the time of the alleged negligence and under eight years old before they field suit, which is allowed by the Medical Malpractice Act. The hospital filed an interlocutory appeal.

The CT scan was performed July 6, 2011, and this is the date when the alleged negligence occurred. The parties in the case didn’t file their complaint until Aug. 27, 2014, and according to the Medical Malpractice Act, lawsuits must be filed within two years of the malpractice taking place. The judges decided the trigger date is Aug. 30, 2012, when Traci learned she had cancer.

The COA held the children’s suit can take place because of the MMA exception on minor children. Judge John Baker wrote the Act does not qualify whether suits filed by minor children have to be injured by alleged negligence or can be a non-injured party bringing a derivative claim, and therefore both are acceptable under the Act.

“Our legislature could have drafted the definition of patients to exclude derivative claimants, but it elected not to do so. We are bound by the language it selected, which clearly includes derivative claimants as patients,” Baker wrote.

He also wrote that just because the rest of the suit was denied doesn’t mean the children’s suit can continue because to rule otherwise would “make an end-run around the purposes of the MMA.”

The case is Anonymous M.D. and Anonymous Hospital v. Kenneth Lockridge, on behalf of Lily Lockridge, Rose Lockridge, and Kenneth Lockridge, Jr., Minors, 39A01-1509-CT-149

Eagles earn 23 GLVC COP Academic Excellence Awards

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University of Southern Indiana Department of Athletics senior student-athletes garnered a record 23 Great Lakes Valley Conference Council of Presidents’ Academic Excellence Awards this year.
Recipients of the GLVC Council of Presidents’ Academic Excellence Award exemplify the outstanding student-athletes in the GLVC. Each honoree has exhausted his or her eligibility in the intercollegiate sport in which they participated and maintained at least a 3.5 grade point average throughout their academic career.

In addition, to be eligible for the award, the student-athlete must have competed in the GLVC for a minimum of two years and completed 96 credit hours. A student-athlete can only earn the distinguished honor one time per sport in his or her career.

USI tied for ninth in the GLVC and third amongst public institutions in earning more than twice the awards this season. Drury University paced all schools with 31 awards, while Truman State led the GLVC’s public institutions with 25 awards.

The Screaming Eagles’ list of honorees is listed below:

Logan Ball (Newburgh, IN), Men’s Soccer
Adam Baysinger (Bargersville, IN), Men’s Golf
Hamilton Carr (Evansville, IN), Baseball
Anastasia Carter (Granger, IN), Women’s Golf
Emily Cummings (Cincinnati, OH), Women’s Soccer
McKinsey Durham (Madisonville, KY), Women’s Soccer
Brittanie Garrison (Evansville, IN), Women’s Golf
Erin Goldschmidt (Smithton, IL), Volleyball
Trevor Grant (Mt. Vernon, IN), Men’s Golf
Janna Green (Glenwood, IN), Softball
Johnnie Guy (Palmyra, IN), Men’s Cross Country/Track & Field
Josh Guy (Palmyra, IN), Men’s Cross Country/Track & Field
Madeline Kriz (Danville, KY), Women’s Cross Country/Track & Field
Jackie Lohmann (Owensboro, KY), Women’s Soccer
Kyle Niemeier (Evansville, IN), Baseball
Erica Oberbroeckling (Westfield, IN), Volleyball
Tyler Pence (Springfield, IL), Men’s Track & Field
Madi Vellky (Dublin, OH), Women’s Soccer (4.0 GPA)
Conner Waldkoetter (Nineven, IN), Men’s Track & Field
Kaylen White (Clarks Hill, IN), Women’s Track & Field
Elizabeth Wilm (Evansville, IN), Women’s Tennis
Abbey Winter (Germantown, IL), Volleyball
Lucas Woodford (Newburgh, IN), Men’s Soccer

 

 

Opportunity for Individuals to Earn Six College Credit Hours FREE

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Do you like working with your hands? Do you have an interest in manufacturing?  If so – free college credit courses are available beginning July 11 at the Ivy Tech Princeton Instructional Center.

The six college credit hours of classes will be offered July 11-Aug. 5, 8 a.m.-5 p.m. to those who may be interested. High school juniors and seniors are also eligible to attend. Students will learn about safety practices, quality practices and measurement, manufacturing processes and production, maintenance awareness and more.

The program is grant funded so there is no charge for the class. There is a 15 student maximum for the class.To register call 812-429-9810 before July 5.

Adopt A Pet

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Jasmine is an 11-year-old female calico cat. She is front-declawed! $50 Her $30 adoption fee includes her spay, microchip, vaccines, and more. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption information!

BUYING WEAPONS

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Fireworks, Air Pollution, and Your Health

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As the Fourth of July approaches, it will again be time for some of our friends and neighbors to light fireworks in celebration of the holiday. It is important to remember that while fireworks are great fun for some, they can be an aggravation to others and possibly pose a health threat to those with certain diseases and respiratory issues.

All the pretty colors in fireworks are created from powders containing metal compounds: copper produces blue, barium produces green, strontium produces red, and magnesium produces bright white. When fireworks explode, these metal compounds and other materials are released into the atmosphere creating smoke and particulate matter pollution, eventually landing on the ground and in our waterways.

The smoke from fireworks may be a health hazard to you or your neighbor. During evening hours around the holiday, but especially on July 4th, air quality monitors in the area may detect a spike in particulate matter levels.

People most sensitive to these spikes are children, the elderly, and people with heart or respiratory conditions. Short-term exposure to smoke can aggravate lung disease, trigger asthma attacks, and increase susceptibility to respiratory infections.

To minimize the impacts from fireworks smoke, sensitive individuals should reduce or eliminate their use of personal fireworks which concentrate smoke at ground level. Although the large aerial displays at community events produce more smoke than personal use fireworks, these large displays are launched at greater heights allowing the smoke to dissipate more before reaching people at ground level.

If you are very sensitive to smoke, enjoy the fireworks shows from a distance or watch from inside your home with the windows closed.

It is also important to be aware that what you ignite in celebration can affect those around you. The smoke may cause breathing issues for a neighbor, the debris could create a hazard to neighboring property, and the noise could be bothersome to those nearby. It is important that all city rules are followed.

Within the city of Evansville, some fireworks are allowed for personal use on private property between the hours of 5 p.m. and two hours after sunset (not to exceed 10:30 p.m.) on June 29-30, July 1-3, and July 5-9. On the Fourth of July, fireworks may be used between the hours of 10 a.m. and midnight. For more information on the city’s fireworks ordinance, please visit http://www.codepublishing.com/IN/Evansville/?Evansville09/Evansville0910.html.

For more information on particulate matter and your health, please visit https://www.airnow.gov/index.cfm?action=particle_health.index.

Thank you and have a safe and happy Independence Day!

Evansville Environmental Protection Agency

Katterhenry and Mockevicius named top UE Student-Athletes

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Duo earns Slyker and Stieler Awards

EVANSVILLE, Ind. – Golfer Kayla Katterhenry and basketball senior Egidijus Mockevicius were named the top student-athletes at the University of Evansville for their performances during the 2015-16 season.

Katterhenry was named the recipient of the Ida M. Stieler Award while Mockevicius earned the William V. Slyker Award.  Both are given to the top female and male student-athletes for the Purple Aces as voted on by UE staff and coaches.

The best individual season in UE women’s golf history saw Kayla Katterhenry finish in second place in the MVC Championship.  She tied for the lowest score (67) ever shot in the history of the tournament and was just one stroke behind the winner.

She won four tournaments in her junior season and far and away holds the record for career events won; she also had two runner-up finishes.  Katterhenry posted a 75.50 stroke average as a junior, the lowest season score in school history.  She was named a MVC All-Conference player in 2016 and also was an Academic All-Conference First Teamer.

Egidijus Mockevicius led the NCAA in rebounding with 14 per game and double-doubles in 2015-16 as the Aces won 25 games.  Averaging 15.7 points per game, Mockevicius hit 63.7% of his attempts in his senior campaign at UE.  Earned Missouri Valley Conference Defensive Player of the Year honors for his efforts.

He became the All-Time UE leader in rebounds with his efforts in 2016 and was named an All-MVC First Team player for the second year in a row and earned All-Defensive Team honors for the third-consecutive season.  The 5-time MVC Player of the Week earned Midseason Mid-Major Player of the Year honors.

VANDERBURGH COUNTY FELONY CHARGES

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 Below is a list of the felony cases filed by the Vanderburgh County Prosecutor’s Office today.

Ashley Nicole Tokarski-Roth Assisting a criminal, Level 6 felony

Floyd Ray Stephens Jr. Auto theft, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Theft, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Operating a motor vehicle without ever receiving a license, Class C misdemeanor

Joseph Lee Bockting Dealing in methamphetamine, Level 2 felony

Hunter Leeann Arguello Maintaining a common nuisance, Level 6 felony

Dealing in marijuana, Level 6 felony

Reko Deprea Levels Jr. Intimidation, Level 5 felony

Criminal recklessness, Level 6 felony

Taylor Kaine Osten Grayson Operating a vehicle as a habitual traffic violator, Level 6 felony

Quinn Shalik Brown Dealing in marijuana, Level 6 felony

Dealing in a synthetic drug or synthetic drug look-alike substance, Level 6 felony

Maintaining a common nuisance, Level 6 felony

Rachel Lynn Livermore Dealing in marijuana, Level 6 felony

Dealing in a synthetic drug or synthetic drug look-alike substance, Level 6 felony

Maintaining a common nuisance, Level 6 felony

Neglect of a dependent, Level 6 felony

Kyndrick Deiontay Hancock Burglary, Level 2 felony

Attempted armed robbery, Level 3 felony

Armed robbery, Level 3 felony

Robert Destin Hyneman Possession of a narcotic drug, Level 6 felony

Unlawful possession or use of a Legend Drug, Level 6 felony

Reckless driving, Class C misdemeanor

Jordan Allen Temme Rape, Level 1 felony

Rape, Level 1 felony

Criminal confinement, Level 3 felony

Justin Hunter Osborne Maintaining a common nuisance, Level 6 felony

Dealing in marijuana, Level 6 felony

Angel Lee Beal Operating a vehicle while intoxicated endangering a person with a passenger less than 18 years of age, Level 6 felony

Neglect of a dependent, Level 6 felony

Jody Duane Selby Unlawful possession of a firearm by a serious violent felon, Level 4 felony

Frank Devon Williams Criminal confinement, Level 6 felony

Criminal confinement, Level 6 felony

Criminal confinement, Level 6 felony

James William Bennington Operating a vehicle with an ACE of .08 or more, Level 6 felony

Christopher Barris Stone Possession of methamphetamine, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Javarris Vshawn Compton Carrying a handgun without a license, Level 5 felony

Possession of methamphetamine, Level 6 felony

Dealing in marijuana, Level 6 felony

Dealing in a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor

False informing, Class B misdemeanor

Demarcus Shipp Armed robbery, Level 3 felony

Anthony Lamar Fox Jr. Armed robbery, Level 3 felony

Zachary Tyler Young Auto theft, Level 6 felony

Resisting law enforcement, Level 6 felony

Reckless driving, Class C misdemeanor

Possession of paraphernalia, Class C misdemeanor

Angela Renea Borders Neglect of a dependent, Level 6 felony

Assisting a criminal, Level 6 felony

Visiting a common nuisance, Class B misdemeanor

Herbert Frank Breneman Theft, Level 6 felony

Theft, Level 6 felony

Theft, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Brendan Scott Cooper Resisting law enforcement, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Reckless driving, Class C misdemeanor

Josh Allen Mashes as Otters PreVAIL

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The Evansville Otters defeated the Windy City Thunderbolts in stellar fashion behind a score of 5-2 on Tuesday night at Bosse Field. Tyler Vail started and completed the contest, throwing a dominant outing through nine innings. Spanning from the top of the third to the fifth inning, Vail mowed down eight consecutive batters via swinging strikeouts, almost as if he were playing within a video game. Evansville would jump on the board in the first inning following a double by John Schultz and a single from Josh Allen, aided in part due to a Windy City fielding error that brought the score to 1- 0. The Thunderbolts would answer back in the very next frame after a towering two-run homerun, flipping the score to 2-1. However, the Otters would refuse to lose for a sixth straight game. In the third, Josh Allen crushed a majestic homerun that appeared to never cease orbit, bringing the lead back to the Otters 3-2. Allen’s heroics would continue in the seventh, as he provided a remarkable second two-run homerun, except this rocket seemed to leave the yard in a blink of an eye to left-center. Allen would finish the game with an impressive line of 4-4, with two homeruns and four RBI’s. The Otters would shut down the Thunderbolts over the last two frames.

Up next, Evansville looks to build off of their victory as they play against Windy City again tomorrow, with first pitch slated for 6:35 pm CDT. Tickets are available at www.evansvilleotters.com or by calling 812-435-8686 ext 21.

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

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