Articles

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Families not immune from vaccination debate

Arguments for and against vaccinations have grown in the national conversation as 12 states are currently battling an outbreak of measles. A recent Indiana trial court decision in a custody dispute demonstrated that disagreements over vaccinations also happen within families.

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Dialysis facility’s breach of contract claims pre-empted

A medical facility that provided regular, life-sustaining dialysis treatments lost its appeal seeking to recover more than $1.5 million from its patients’ benefit plans when the Indiana Court of Appeals found the facility’s claims were pre-empted by the Employee Retirement Income Security Act.

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Judge: Mom ‘knowingly and willfully’ violated child’s vaccination order

An Indianapolis mother, who was previously found to be in contempt of court for trying to circumvent the custody agreement that required her daughter be vaccinated, was found to have “knowingly and willfully” violated an Indiana Court of Appeals order that gave the father the sole ability make decisions about vaccinating the child.

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Convicted ex-ASC chief Burkhart loses bid to stay civil lawsuit

The former CEO of a nursing home company now serving prison time for his major role in a corporate fraud scheme has lost his bid to stay additional civil proceedings against him while he fights to have his convictions tossed on the basis of an alleged “profound conflict of interest” on the part of Indianapolis law firm Barnes & Thornburg.

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Judgment for mesh implant makers upheld after woman’s death

The estate of a woman who died after a surgical mesh patch was implanted in her body will not be able to proceed with a lawsuit against the patch’s manufacturer and patent holder after the 7th Circuit Court of Appels upheld summary judgment for the defendants Tuesday.

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Child support garnishment included in man’s Medicaid liability, COA says

A man who previously won his argument that the money garnished for his child support should not be included in determining his Medicaid liability was reversed Wednesday, when an appellate panel determined the Indiana Family and Social Services Administration’s interpretation of Medicaid statutes and regulations were reasonable.

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Judge: State’s ‘bureaucratic quagmire’ harms disabled woman

The Indiana Family and Social Services Administration has 21 days to arrange home health care for an elderly woman with quadriplegia who has been confined to a hospital or nursing home since February 2016, a federal judge has ruled. The decision comes after the judge ruled previously that the FSSA’s failure to develop a home-based care plan violated the woman’s rights under three federal laws, including the Americans with Disabilities Act.

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Ex-DOC nurse faces sanctions for allegedly false affidavits

A former Department of Correction nurse who treated an inmate now suing DOC for excessive force was on the stand in federal court Tuesday, facing possible sanctions after she allegedly submitted false statements claiming to be unaware of the inmate’s accusations.

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