About this Event
When a technician failed to properly sterilize certain surgical equipment, Anonymous Hospital notified potentially affected patients. Linda Gierek filed a class action, moved for class certification, and filed a proposed complaint with the Indiana Department of Insurance. The Indiana Patient’s Compensation Fund intervened. The Elkhart Superior Court denied Gierek’s motion, finding it did not have subject matter jurisdiction to rule on class certification while a proposed complaint was pending with the medical review panel. The Court of Appeals affirmed in part and reversed in part, finding Gierek’s motion was a preliminary determination the trial court could rule on. Gierek, et al. v. Anonymous Hospital, et al., 212 N.E.3d 208 (Ind. Ct. App. 2023), vacated. The Indiana Supreme Court has granted transfer and assumed jurisdiction over the case.