GIEREK v. ANONYMOUS 1

Court of Appeals Case No. 22A-CT-1225.

212 N.E.3d 208 (2023)

Linda GIEREK and Stephen Gierek, on behalf of themselves and all others similarly situated, Appellants-Plaintiffs, and K.W., G.S., L.P., L.W., S.B., S.J., C.D., S.S., E.M., P.H., C.M., A.S., and M.S., Intervenors-Plaintiffs, v. ANONYMOUS 1, Anonymous 2, and Anonymous 3, Appellees-Defendants, and Amy L. Beard, Commissioner of the Indiana Department of Insurance as Administrator of the Indiana Patient's Compensation Fund, Intervenor-Defendant Amy L. Beard, Commissioner of the Indiana Department of Insurance as Administrator of the Indiana Patient's Compensation Fund, Counter/Cross-Plaintiff, v. Linda Gierek and Stephen Gierek, on behalf of themselves and all others similarly situated, Appellants-Counterdefendants, and K.W., G.S., L.P., L.W., S.B., S.J., C.D., S.S., E.M., P.H., C.M., A.S., and M.S., Counterdefendants, Anonymous 1, Anonymous 2, and Anonymous 3, Appellees-Cross-claim Defendants Cheyanne Bennett, individually and on behalf of all others similarly situated, Plaintiffs, v. Anonymous Healthcare Provider 1, Anonymous Healthcare Provider 2, Anonymous Healthcare Provider 3, Anonymous Healthcare Provider 4, and John Doe 1, Defendants, and Amy L. Beard, Commissioner of the Indiana Department of Insurance as Administrator of the Indiana Patient's Compensation Fund, Intervenor-Defendant Amy L. Beard, Commissioner of the Indiana Department of Insurance as Administrator of the Indiana Patient's Compensation Fund, Counter/Cross-Plaintiff, v. Cheyanne Bennett, individually and on behalf of all others similarly situated, Counterdefendants, and Anonymous Healthcare Provider 1, Anonymous Healthcare Provider 2, Anonymous Healthcare Provider 3, Anonymous Healthcare Provider 4, and John Doe 1, Cross-Defendants

Court of Appeals of Indiana.

Filed June 14, 2023.


Attorney(s) appearing for the Case

Attorneys for Appellants: Eric S. Pavlack , Colin E. Flora , Pavlack Law, LLC, Indianapolis, Indiana.

Attorneys for Appellees: James L. Hough , Alyssa Stamatakos , Eichhorn & Eichhorn, LLP, Hammond, Indiana.

Attorneys for Intervenor Commissioner, Indiana Department of Insurance as Administrator of the Indiana Patient's Compensation Fund: A. Richard M. Blaiklock , Wade D. Fulford , Michael D. Heavilon , Lewis Wagner, LLP, Indianapolis, Indiana.

Attorneys for Amicus Curiae Indiana Hospital Association: Angela M. Smith , Matthew M. Schappa , John D. French , Hall Render Killian Heath & Lyman, Indianapolis, Indiana.


Case Summary

[1] Linda Gierek and over a thousand other patients who underwent surgical procedures at a hospital operated by Anonymous 1, Anonymous 2, and Anonymous 3 (the Hospital) were informed by the Hospital that one of its technicians had failed to complete a step in the procedure for sterilizing certain surgical instruments...

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