BROWN v. DR. WILSON et al

Filing 119

ENTRY Dismissing Claims Against Dr. Cho, Dr. Ulrich, and the UAP Health Clinic for Lack of Jurisdiction; ORDER granting Defendant's 107 Motion to Dismiss for Lack of Jurisdiction; denying as moot Plaintiff's 111 Motion for Mediation . The Court finds no basis on which to transfer some of the claims in this action to the IDOI. No partial final judgment shall issue at this time. The clerk shall update the docket to reflect the dismissal of defendants Dr. Cho, UAP Clinic, and Dr. Ulrich. The Federal Tort Claim shall continue to proceed against the United States. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 8/16/2016. (MAC)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DANIEL LYNN BROWN, JR.,
Plaintiff,
vs.
DR. MICKEY CHO, et al.,
Defendants.

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Case No. 1:15-cv-0224-TWP-DML

Entry Dismissing Claims Against Dr. Cho, Dr. Ulrich, and the UAP Health Clinic
for Lack of Jurisdiction
This action was filed on February 13, 2015. An amended complaint filed on March 17,
2015, asserted a Federal Tort Claim against the United States and state law medical malpractice
claims against Dr. Cho, Dr. Ulrich, and the UAP Health Clinic. Dkt. 4. The Court allowed the
medical malpractice claim to proceed based on its supplemental jurisdiction under 28 U.S.C.
§ 1367.
Defendants Dr. Cho, UAP Clinic, and Dr. Ulrich have moved to dismiss the medical
malpractice claim for lack of subject matter jurisdiction. The moving defendants report that on
April 20, 2016, the plaintiff filed a proposed complaint for medical malpractice with the Indiana
Department of Insurance (“IDOI”). They request that this Court transfer the action to the IDOI.
This Court lacked subject matter jurisdiction over the medical malpractice claims when
this action was filed because the plaintiff had not complied with the statutory requirements under
Ind. Code. § 34-18-8-4. “A medical review panel must issue an opinion on every medical
malpractice claim before that claim may be pursued in Indiana courts.” Medical Assur. Co., Inc.
v. Hellman, 610 F.3d 371, 374 (7th Cir. 2010) (citing Ind. Code § 34-18-8-4). Because at the

time this action was filed the plaintiff had not complied with the Indiana statute, this Court lacks
subject matter jurisdiction over his medical malpractice claims. The motion to dismiss [dkt. 107]
is granted and the claims against Dr. Cho, UAP Clinic, and Dr. Ulrich are dismissed without
prejudice for lack of jurisdiction. The Court finds no basis on which to transfer some of the
claims in this action to the IDOI. No partial final judgment shall issue at this time.
The plaintiff’s motion for mediation [dkt. 111] is denied as moot.
The clerk shall update the docket to reflect the dismissal of defendants Dr. Cho, UAP
Clinic, and Dr. Ulrich.
The Federal Tort Claim shall continue to proceed against the United States.
IT IS SO ORDERED.

Date: 8/16/2016

Distribution:
Daniel Lynn Brown, Jr., #05609-030, Terre Haute FCI, Inmate Mail/Parcels, P. O. Box 33, Terre
Haute, IN 47808
Electronically registered counsel