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stating "that a blanket no-duty rule disallowing all claims based upon alleged preconception torts is unnecessary, unjust, and contrary to fundamental and traditional principles of Indiana tort law" and holding that a child's complaint "sufficiently state[d] a cognizable claim" against a physician who had failed to give the child's mother a RhoGAM shot after her first child was born with Rh positive blood
Summary of this case from Anonymous Physician 1 v. WhiteOpinion
No. 53S01-9212-CV-951.
December 2, 1992.
Appeal from the Monroe Circuit Court, Divisions 3 4, Douglas R. Bridges and Elizabeth N. Mann, JJ.
Vernon J. Petri, David Schalk, Indianapolis, for appellants.
Gary J. Clendening, J. Suzette Vandivier, Harrell, Clendening Coyne, Bloomington, for appellees Bloomington Obstretics Gynecology, Dr. Walter Owens, Dr. William R. Anderson, Dr. Leland Matthews, and Dr. Brandt Ludlow.
David J. Mallon, Jr., Gloria A. Aplin, Ice Miller Donadio Ryan, Indianapolis, for appellee Local Counsel of Women d/b/a Bloomington Hosp.
The defendants seek transfer after the Court of Appeals reversed summary judgments entered in their favor and held that Scott Yeager's proposed complaint be permitted to proceed before the medical review panel. Yeager v. Bloomington Obstetrics (1992), Ind. App., 585 N.E.2d 696. Defendants urge us to accept transfer in order to resolve the conflict that exists between that opinion and the Court of Appeals' opinion in Walker v. Rinck (1991), Ind. App., 566 N.E.2d 1088. For the reasons set forth in our opinion granting transfer in Walker v. Rinck (1992), Ind., 604 N.E.2d 591, we agree with the Court of Appeals' opinion rendered in this case.
Accordingly, we grant transfer, summarily affirm the opinion of the Court of Appeals, and remand this cause to the trial court with instructions that Scott Yeager's proposed complaint be permitted to proceed before the medical review panel.
DeBRULER, GIVAN and DICKSON, JJ., concur.
SHEPARD, C.J., dissents for reasons explained in his dissenting opinion in Walker v. Rinck.