July 2011 News
Indiana Supreme Court agrees with Eichhorn & Eichhorn, LLP that transfer should not be granted in medical malpractice appeal
Lou Voelker and Matt Ver Steeg represent an Indianapolis oncologist in a medical malpractice claim filed against him. The case proceeded to jury trial in Marion County in April of 2010. During voir dire, the jury panel was asked about potential bias against physicians, including whether any had ever been involved in any lawsuits against physicians. After the jury was selected, one of the jurors, for the first time, revealed that she had "pursued" a claim against a physician related to the death of her husband. She also expressed reservations about serving on the jury. Despite requests for the juror to be removed, or for further examination outside the presence of the remaining jurors, she was allowed to serve. Defendant's motion for mistrial was also denied.
Lou and Matt argued on appeal that the juror concealed a potential bias against physicians. The juror should have been removed from the jury, or further examined for a determination of bias to be accurately made. The Court of Appeals agreed, reversed the jury's verdict, and remanded the case for a new trial.
The plaintiff petitioned the Indiana Supreme Court to accept transfer of the Court of Appeals' decision. Lou and Matt argued that transfer was not required because the Court of Appeals correctly applied Indiana law. The Indiana Supreme Court denied the petition to transfer on July 7, 2011.
Lou and Matt work in the firm's Hammond office, and can be reached at (219) 931-0560, or by email at lvoelker@eichhorn-law.com or mversteeg@eichhorn-law.com.