This appeal concerns more than 100 medical-malpractice cases brought against a number of healthcare providers.  This appeal specifically addresses cases filed against two providers, the ASC Surgical Center (“ASC”) and the Anonymous Clinic (“Clinic”).  Appellants are former patients of Appellees who were being treated for low back pain and received contaminated prescription epidural steroid injections.  Appellants contend that Appellees committed medical malpractice by failing to issue prescriptions or issuing invalid prescriptions for them to receive preservative-free methylprednisolone (“MPA”) from a pharmacy, the New England Compounding Center (“NECC”).  Appellants further contend that Appellees committed malpractice by providing them with an improperly labeled vial of MPA and injecting them with a vial of prescription MPA that was labeled for use by another patient.  In this appeal from the denial of their motion for partial summary judgment, Appellants argue that Appellees, by their admitted conduct, committed malpractice by violating Indiana’s prescription drug laws and the Food Drug & Cosmetic Act (“FDCA”); Appellees are subject to Indiana’s prescription drug laws and the FDCA; Appellees’ violations of Indiana’s prescription drug laws and the FDCA constitute negligence per se; given Appellees’ admitted conduct, such statutory violations are issues of law to be determined by a court; Appellant’s medical malpractice claims are not preempted by the FDCA; Appellants should be able to discuss the laws underpinning its medical malpractice claims before a medical review panel; and the trial court erred in denying Appellants’ motion for partial summary judgment.

The scheduled panelists are Judge May, Judge Mathias, and Judge Bradford.