Cardiologist who lost privileges loses appeal
Dave Stafford for www.theindianalawyer.com
An Indianapolis cardiologist who lost his hospital privileges lost an appeal of his lawsuit against Indiana University Health and affiliated doctors Friday.
The Indiana Court of Appeals affirmed summary judgment granted to defendants in Bertram A. Graves, M.D. v. Indiana University Health, f/k/a Clarian Health Partners, Inc., Richard Kovacs, M.D., and Edward Ross, M.D., 49A05-1412-PL-560. Bertram Graves challenged the grant of summary judgment in his lawsuit that claimed breach of contract, discrimination and intentional infliction of emotional distress. He also claimed the trial court abused its discretion in denying his motion to compel discovery and in striking parts of an affidavit.
Judge Cale Bradford wrote a 31-page unanimous opinion that held Graves’ second amended complaint was untimely, that an IU Health peer review panel had given him a fair hearing, there was adequate evidence to support its decision, and that IU Health had adequately responded to discovery requests. There also is no evidence to support a discrimination claim, the panel concluded.
“In sum, we conclude that the trial court acted within its discretion in denying Dr. Graves’ motion to compel and in striking certain paragraphs from Dr. Graves’s affidavit,†Bradford wrote. “We also conclude that the trial court did not err in granting summary judgment in favor of the Appellees. Accordingly, we affirm the judgment of the trial court.â€
Vanderburgh County Recent Booking Records
EPD Activity Report
THE LION SLEEPS TONIGHT By Jim Redwine
Gavel Gamut
(Week of 08 June 2015)
THE LION SLEEPS TONIGHT
The Transportation Security Agency’s airport security system was put to an internal test recently. The results were that 95% of weapons and drugs passed through without detection.
I suppose this means out of every 10 passengers, 10 were subjected to so-called security measures but 9 ½ of them could have still brought down a plane.
Passengers are not even the greatest threat. According to a statement made by Lauren Stover, the Miami airport security director, to CNN:
“One of the greatest vulnerabilities for this airport, and probably any airport is the insider threat.â€
In other words, the baggage handlers, cleanup crews, restaurant workers, etc., who have daily access to the airplanes are potentially more dangerous than a baby in a perambulator or an elderly person in a wheelchair. And there is no federal requirement that employees be screened at security checkpoints.
This was well documented in December 2014 when a baggage handler was found to have brought guns to the airport in Atlanta and given them to passengers who had cleared security. This occurred on twenty different flights from Miami to New York.
The estimates for what the hydra-headed TSA costs America are widely divergent. But, estimates of one trillion dollars since 9/11 are probably in the ballpark. That does not consider the costs in delays and inconvenience to hundreds of millions of travelers.
Sometimes one might hear some politician whose district benefits from TSA employment and investment say, “But, who cares if we have to take off our shoes, we are safer now than before 9/11. Of course, the results of the recent test prove that 95% of the time we are no safer with TSA than without it.
In fact, pre-9/11 and post 9/11 look the same in terms of non-attacks. Many passengers can remember when there was no airport security and also remember there were only a handful of incidents for almost one hundred years.
Gentle Reader, you might be thinking, “Okay, Jim, so what should we do differently?†I respond: The FBI, the CIA and NSA are documenting every conversation of every potential passenger. They know the potential terrorists before they get to the airport. For all but a tiny portion of 330 million Americans that does not mean them. With the old PATRIOT Act and the new FREEDOM Act we are as close to 1984 as we can get. So why pretend otherwise? If our government cannot trust us, let’s at least quit the charade and avoid the indignity.
The results of the recent test of TSA remind me of the people who think their thoughts can control the actions of others, even of animals. If one convinces himself or herself that what they do keeps the lions away, then if they see no lions, it does not mean they are correct.
Or if one chants, “Wimowehâ€, over and over and no lions appear, the village is no safer than before.
ST. MARY’S MOBILE MAMMOGRAPHY OFFERS FREE MAMMOGRAMS FOR THOSE WHO QUALIFY
St. Mary’s Mobile Digital Mammography is coming to your community soon. Digital pictures can be magnified, adjusted and previewed to see certain areas that regular film cannot. There are fewer retakes and sharper images. Digital mammograms use less radiation, making them safer for patients. All screenings include mammograms and education about breast health and early detection of breast cancer.
Participants must meet the following criteria to be eligible:
- You must be between 35 to 40 years old to receive your baseline (or initial) mammogram.
- Annual mammograms should begin at age 40.
- It must have been at least one year since your last mammogram.
- Medicare, Medicaid, and private insurance are accepted.
- Assistance is available for those who qualify.
St. Mary’s received the “Sharing the Vision: Early Detection of Breast Cancer†grant from the Greater Evansville Affiliate of the Susan G. Komen For the Cure Foundation, and the Indiana Breast Cancer Awareness Trust “Power of Hope†grant, which helps fund the screenings.
To schedule your screening or for more information, please call the St. Mary’s Women’s Wellness Center at 1.877.580.3883 or 812.485.5723.
Here is the Mobile Digital Mammogram schedule for July/August 2015.
- St. Mary’s Breast Center, 100 St. Mary’s Epworth Crossing, NewburghÂ
Wednesday, July 8th
8:00 – 11:00 a.m.
Wednesday, July 29th
8:00 – 11:00 a.m.
Wednesday, August 5th
8:00 – 11:00 a.m.
Wednesday, August 26th
8:00 – 11:00 a.m.
- First United Methodist Church, 801 Walnut St., Petersburg, IN
Monday, July 13th
9:00 a.m. – 2:00 p.m.
House Republican Legislation Creates Jobs
Interim Study Committees Announced

Read the full resolution detailing the study committees here.
Visit the Indiana General Assembly website for interim committee schedules and live webcasts.
Office of Legislative Ethics
In addition to assigning topics and new interim committees, the Legislative Council approved the appointment of Bob Rudolph to serve as the Chief Counsel for the new Office of Legislative Ethics. House Speaker Bosma was the author of House Enrolled Act (HEA) 1002, the ethics bill which passed in a bipartisan effort during the 2015 legislative session. HEA 1002 created the Office of Legislative Ethics in an effort to increase government transparency and accountability.
Governor Pence to Offer Remarks at Commemorative Air Force Warbird Expo
Governor Mike Pence will offer remarks at the Commemorative Air Force (CAF) Warbird Expo, which aims to honor veterans from all services and eras. Details below.
Saturday, June 6:
10:00 a.m. EDT – Governor Pence to offer remarks at CAF Warbird Expo
*Media are welcome to attend.
Metropolitan Airport, 9917 Willow View Road, Fishers
Evansville man arrested on weapon and narcotics charges during domestic violence investigation
Officers stopped Killebrew as he was leaving the area. He confirmed he had involved in the incident. He then informed officers he was armed and that he did not have a permit.
Officers removed a loaded revolver from his pants pocket without incident. Officers also found small amount of marijuana.
The female involved in the original call said there was not physical fight.
Killebrew was charged with Possession of a Handgun Without a Permit and Possession of Marijuana.