Fort Wayne Indiana Personal Injury Lawyer and Attorney Blog

Indiana Clinics Face Suit for Tainted Drugs

By Jack H. FarnbauchNovember 27, 2016

A November 7, 2016, Indiana Court of Appeals ruling found that clinics operating in Indiana must face suit for tainted steroid treatments that resulted in the death of what is believed to be 11 Indiana residents.

In 2012, an outbreak of fungal meningitis, fungal infections, and other related complications caused at least 64 deaths in 20 states, including 11 deaths in Indiana. The outbreak was caused by a preservative-free steroid that was contaminated with a fungus, purchased from the New England Compounding Center and distributed in Indiana by a St. Joseph County clinic and the Orthopedic and Sports Medicine Center of Northern Indiana and its affiliates in Elkhart County to treat back pain and other spinal conditions.

Several victims as well as families of victims brought suit against the Indiana healthcare providers. However, many of the complaints did not follow the standard Indiana Medical Malpractice Act requirements and the defendants sought to have these improper cases thrown out.

The defendants also argued that because the cause of the injuries to the victims was because of the defective drugs, rather than anything that the healthcare providers had done, these cases should be tried using a standard “negligence” claim. The Indiana Court of Appeals disagreed however and further wrote that there are three parts to the practice of medicine, and the allegations in this case fall under the second part – selection of the proper remedy for a disease.