iowa clinic urology lawsuit

He was awarded $12.25 million. Our longstanding practice and tenured physicians are a testament to the urological care we provide. The payment to anIowa Clinic patient is at least the second in as many years awarded by central Iowa jurors. The Iowa Clinic is the largest physician-owned, multispecialty group in central Iowa with more than 250 doctors and health care providers practicing in more than 40 specialties and handling an average of 650,000 patient visits per year. Further, he added, noncompetes protect physicians by ensuring that other physicians in the practice are committed to the same agreement and cant abandon it without proper notice. Medical board rules take it a step further. Leading the advancement of urologic education, research, and clinical care. LANGUAGETECH was found to have no liability. 'Today, Ardeth suffers from neurological deficits, including significant memory loss, vision loss, and struggles with most cognitive functions, according to the lawsuit. The three who are suing were among about 140 partners, who are part-owners of the business. Youre in good hands no matter what issue youre facing. Stay up to date with the more relevant news and education from Urology Center of Iowa. (The Gazette). His mother-in-law, posing as a teen, caught him in the act. Previously: Family of Iowa boy is awarded $97 million in medical malpractice lawsuit a likely record The decision comes as Iowa legislators are considering bills that would put caps on the. Zaw sued Birusingh and the clinic, which filed counterclaims against LANGUAGEtech, the company that provided interpreters for Zaw's appointments. Here at, we give victims the tools they need to fight back: knowledge and access. POLK COUNTY, Iowa A Panora man was awarded more than $12 million by a Polk County jury on Friday after he underwent surgery by mistake. Iowa Clinic Urology 5950 University Ave Ste 341 West Des Moines, IA, 50266 Tel: (515) 875-9800 Visit Website Mon8:00 am - 4:30 pm Tue8:00 am - 4:30 pm Wed8:00 am - 4:30 pm Thu8:00 am - 4:30. The final UI malpractice settlement Iowa's Board of Appeals considered Monday recommended a $700,000 UI Physicians payment to the daughters of Ardeth Wray, of Lisbon. It didnt provide details about where she would be going. Huitt's lawsuit against the Iowa Clinic and Trueblood was filed in Polk County District Court in 2017 and is tentatively scheduled to go to trial April 1. For the past 25 years, the physicians who make up The Iowa Clinic and the hospital network known as UnityPoint Health-Des Moines have enjoyed a partnership that has resulted The Iowa Clinics cardiologists practicing at UnityPoint facilities, including Iowa Methodist Medical Center, Iowa Lutheran Hospital and Methodist West. They are also subject to noncompete restrictions. They are taking great pains not to treat any of the new doctors former patients because the terms of the doctors contracts with their old employer prohibit them from taking care of former patients for two years. The physicians of The Iowa Clinic have privileges at both central Iowa hospital system, UnityPoint Health and MercyOne. Susan Murphy, 72, has seen a number of doctors in the urology department. Get the Android Weather app from Google Play, Two arrested for allegedly holding victim at knifepoint, Semi crashes, catches fire on I-80 in Dallas County, Rob Paulus with EveryStep joins Today in Iowa Saturday, Iowa women knock off Maryland, advance to Big Ten, Local lawmakers have one thing in common despite, Drake men win, UNI falls in MVC quarterfinals, Best athletic wear for kids joining baseball and, How to watch all the Oscar-nominated movies in style, Best smart home devices for older users, according, More than 2,000 kids compete in state archery tournament, Iowan honored for rescue of critically injured friend, Meet the Iowan who made St. Louis Gateway Arch a. Unless the Supreme Court grants further review, the decision means the district court will schedule a new trial on the informed consent issue, and Novotny said he believes the end result could be even better for his client. Somehow they lost sight of patient care and were more concerned about the bottom line, she said. Necessary cookies are absolutely essential for the website to function properly. As it. The doctors' lawsuit claims their terminations stemmed from their efforts to improve services and address staffing and financial issues in the department. The Urology Center of Colorado (TUCC) agreed to a class action settlement to resolve claims it was responsible for a 2021 data breach. Contracts with so-called restrictive covenants are now common in medicine. Published by on 30 junio, 2022 Zaw filed an Iowa medical malpractice lawsuit, alleging Dr. Birusingh was medically negligent and The Iowa Clinic, as Dr. Birusinghs employer, was vicariously liable for the doctors actions. Do Not Sell or Share My Personal Information. Dr. Bradley Thorgaard, 515-239-4490, is a Urologist in Ames, Iowa at McFarland Clinic, 1215 Duff Avenue. The appellate court addressed that issue in a footnote, saying that Birusingh and the clinic did not "invite this error.". brookline apartments pittsburgh upenn email after graduation iowa clinic urology lawsuit. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. All rights reserved. Urologic diseases and disorders include: Abnormalities of urologic organs Cancers of the bladder, kidney, penis, prostate, testicles, and urethra "If you create the problem, you should not get to benefit from the problem you create," he said. It came out of left field, Shearer said. 200 Hawkins Drive Iowa City, IA 52242 United States. POLK COUNTY, Iowa A Panora man was awarded more than $12 million by a Polk County jury on Friday after he underwent surgery by mistake. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. The most common specialty named in ureteral injury malpractice cases was gynecology (68.9%), followed by urology (17.4%). They then check the patients electronic health record to confirm there are no messages, prescription refills or other recent contact with the new UW Health doctors and that patient at the previous job, said Kamnetz. Call 1-319-356-2421 Locations and Offices Urology Clinic 3120 Roy J. But the January 2016 surgery instead ended. The Iowa Clinic's leaders said they are working to replace the specialists who were fired and to persuade others to stay. IOWA CITY - The state has agreed to settle three University of Iowa Hospitals and Clinics malpractice lawsuits by paying $3.7 million to three families, including one involving a Marion woman who died three years ago after family members say UI physicians improperly placed a feeding tube. But a physician's assistant claimed Zaw was fluent in English and mentioned getting a vasectomy, Harding said. We have a team of urologists specializing in the diagnosis and treatment of diseases of the urinary tract and urogenital system. In a deposition filed in July 2018, Dr. Joy Trueblood, who was the Iowa Clinics anatomical laboratory director at the time, stated she was examining two separate prostate files when she mistakenly scanned 65-year-old Huitts as the cancerous file. A jury has found the clinic doctor mostly at fault. This is an archived article and the information in the article may be outdated. Advertisement. An interpreter hired by the clinic through LANGUAGEtech, Inc. attended the initial appointment and provided interpretation services for Zaw and the doctor. These are people who have prostate cancer or are in extreme pain because of kidney stones or have blood in their urine.. In Texas, when a physician leaves, the practice is required to cooperate with a physician who wants to put up a notice that says this is where that physician can now be contacted, said Kathy Poppitt, a partner in the health care and government and internal investigations practices at the Austin, Texas, office of King & Spalding. UnityPoint Health-Des Moines is going to court to try to block the creation of two new cardiac catheterization labs. They left the practice in mid-February. iowa clinic urology lawsuit. Do an online search. Likewise, no one testified it was outside the standard of care of a urologist, through his or her clinic, to shred documents provided from the patient or another clinic., With regard to Zaws informed consent claim, the Iowa Appellate Court stated: when we consider whether substantial evidence supported the jurys finding Dr. Birusingh failed to obtain informed consent, the doctors duty to impart information is based on making a reasonable effortnot on whether the patient actually grasps the information the physician discharges the duty when he [or she] makes a reasonable effort to convey sufficient information although the patient, without fault of the physician, may not fully grasp it the material information Dr. Birusingh purportedly failed to disclose was the vasectomy itself. Expert testimony, however, did not establish that Birusingh violated any established standard of care by failing to personally communicate with the referring physician or other colleagues. Courts may weigh whether enforcing a noncompete clause would create a physician shortage in a particular region or specialty. Moreover, documents from the doctor who referred Zaw to the Iowa Clinic show he was seeking a circumcision, Harding said. IOWA CITY, Iowa (KCRG) - A jury's verdict for an Iowa family, the Kromphardt's, is the largest in state history when it comes to medical malpractice . Viewing the evidence in the light most favorable to the nonmoving parties, substantial evidence supported a finding Dr. Birusingh violated his duty in disclosing the procedure to Zaw. "It is legally incorrect to state that when a patient does not understand the procedure, the doctor has automatically breached the standard of care," Greer wrote, pointing to past cases that hold that a physician must make a "reasonable effort," whether or not they are understood. By clicking ACCEPT ALL, you consent to the use of ALL the cookies. The pathologist, Joy Trueblood, incorrectly reported which man's prostate gland was cancerous, the lawsuit says. In its opinion filed on November 23, 2021, the Court of Appeals of Iowa ("Iowa Appellate Court) held in an Iowa medical malpractice case where the non-English-speaking plaintiff alleged that the defendants performed a vasectomy on him instead of the intended circumcision, that several errors had been committed at the trial level and therefore These cookies will be stored in your browser only with your consent. Turn to us when you dont know where to turn. All other urology appointments can be made by calling the listed Clinic number. Iowa man promised his wife he'd stop soliciting pictures from boys online. The wrongful termination suit asks the court to declare the physicians' restrictive covenant provisions unenforceable. The 41-year-old mandad to three "delightful" children, according to his attorneyis not currently able to father any more children after Dr. Kevin Birusingh, then of the Iowa Clinic, performed a vasectomy when the patient thought he was getting a circumcision. She refused to divulge where hed gone. The Iowa Clinic provides the bulk of urology services in the Des Moines area, including procedures performed at the UnityPoint and Mercy hospitals. That man's name and medical outcome have notbeen made public. 3, 2023 6:03 pm22h ago, Erin Murphy State Government Mar. When you call 1-319-356-2421 we'll help you find a provider who meets your needs. He was awarded a $2 million judgment, court records show. Your subscription makes work like this possible. Morgan Sharp, ARNP. Urology Clinic. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. 'Despite noting no neurological defects, Ardeth's age, lack of documented growth, and lack of cerebral edema, Dr. Greenlee recommended surgical removal, according to the lawsuit. The Iowa Clinic Urology Department specializes in the diagnosis and treatment of the urogenital system and urinary tract diseases. That child has brain damage and the lawsuit says will need round-the-clock care for the rest of his life. Ive got it etched in my brain to find out where they went, she said. Our urologists are experts in mens health, prostate cancer, womens health, pediatric urology and robotic surgery. Really, what theyre fighting for is the right to treat their patients, he said. Turn on desktop notifications for breaking stories about interest? The Iowa Clinics chief executive officer, Ed Brown, said in an interviewthe large medical practice wants to resolve the lawsuit in mediation. UIHC practitioners Sumant Arora and Yehudith Assouline-Dayan on Nov. 29 - along with staff under their direction - examined the patient's esophagus, stomach and small intestine and placed a feeding tube. Noncompete clauses common in many commercial sectors aim to stop physicians or other health care professionals from taking patients with them if they move to a competing practice nearby or start their own. 3 The Urology Center of Iowa 12129 University Ave, Clive, IA 50325 (515) 400-3550 A court verdict formlists Iowa Clinic as a defendant in the case, but the organization's name does not appear in any of the eight questions answered by jurors about blamein the case. He can be contacted, 715-573-8166 or on Twitter at@DMRMorris. In a deposition [] Five other urologists have submitted resignations from the Iowa Clinic, which dominates that medical specialty in central Iowa. As such, the district court was wrong to instruct the jury it could find Dr. Birusingh liable for medical negligence under the theory of negligent communication. And we find the court erred in its ruling denying Dr. Birusingh and The Iowa Clinics motion for JNOV on this theory of negligence, explaining that no expert testified as to what steps a prudent doctor would take in talking to or meeting with his or her staff or coworkers before meeting with a patient or performing a procedure. Dr. Birusingh and The Iowa Clinic later moved to bring suit against LANGUAGEtech, alleging that if Dr. Birusingh was found to be negligent, then they would have a cause of action against the interpreters. Urology Center of Iowa 1350 Des Moines St Ste 100 Des Moines, IA 50309 Urinary Conditions, Urinary Calculi & Removal, and More Telehealth services available Make an Appointment Show Phone Number ShareSave Telehealth services available Click to Call OverviewRatings 19 About MeInsuranceLocationsHospitalsCompare Compare with other Urology Specialists 2023 It was a familiar routine for the two-time prostate cancer survivor; infections were not uncommon since he began using a catheter that connects to his bladder through an incision in his abdomen. 28, 2021 7:50 am614d ago, The Gazette Business News Mar. Because the jury form combined both claims into a general finding of "medical negligence," it's impossible to say whether the incorrect negligence argument would have changed the verdict, and the only solution is a new trial, the court said. We also use third-party cookies that help us analyze and understand how you use this website. UI Physicians will cover $500,000 of the payment, and the state's general fund will cover the other $1.5 million - even as the state denies the allegations but agrees a settlement is in both parties' 'best interest.. Meet with a physician Get uncomplicated access to comprehensive, compassionate and state-of-the-art urologic care. And then when she couldnt get the baby out with forceps, she used a Vacuum Extractor, which youre never supposed to do after failed forceps, said Fieger. Please see our republishing guidelines for use of photos and graphics. Support local journalism. Trueblood declined to comment via Iowa ClinicspokeswomanAmy Hilmes. In a general verdict, the jury concluded both that Dr. Birusingh was negligent and caused damage to Zaw and that Zaw was negligent or failed to mitigate his damages. Zaw plans to get the vasectomy reversed, Harding said, but there's no guarantee he will be able to grow his family. THE IOWA CLINIC - WEST DES MOINES - 24 Reviews - 5950 University Ave, West Des Moines, IA - Yelp Restaurants Auto Services The Iowa Clinic - West Des Moines 24 reviews Claimed Family Practice, Urgent Care, Medical Centers Edit Write a review Add photo Save Photos & videos See all 5 photos Add photo You Might Also Consider Sponsored Court records show Trueblood explained to lawyers how she believedthe mix-up happened. Our urologists are experts in mens health, prostate cancer, womens health, pediatric urology and robotic surgery. These emergency services are necessary because complications can arise in these procedures, even when a patient is closely screened for an outpatient procedure., Lawyers for the state have also weighed in, arguing that the proposed cardiac catheterization procedures will be scheduled in advance and performed on lower-risk patients. IDPH lawyers say that while UnityPoint attempts to question the safety of these procedures, it is undisputed that the Centers for Medicare and Medicaid Services, Wellmark, other insurance providers, and the American College of Cardiology, have uniformly concluded that these procedures may be safely performed in an ASC setting.. The Iowa Clinics chief executive officer, Ed Brown, said he doesn't think the practice's share of the business is that high, although he acknowledged it had at least two-thirds of the urologists practicing in the area before the dispute. He has terrible brain damage. Those feedings, according to the lawsuit, caused aspiration pneumonia in her lungs. Home. SCHEDULE ONLINE Directions. Eine andere -Site. The defendants, including both the Iowa Clinic and Birusingh, have filed a motion in court to stay the verdict. The Iowa Clinic West Des Moines Campus 5950 University Ave West Des Moines, IA 50266 Urinary Conditions, Urinary Calculi & Removal, and More Make an Appointment (515) 875-9000 ShareSave (515) 875-9000 OverviewInsuranceRatings 13 About MeLocationsHospitals Friendly Staff Patients said the staff was friendly. The suit says the Iowa Clinic has invoked a one-year non-compete clause in the doctors' contracts to prevent them from practicing in the Des Moines area, which has a shortage of such. 24/7 coverage of breaking news and live events. The University of Iowa Hospitals and Clinics Holden Comprehensive Cancer Center is located within the John Pappajohn Pavilion on the University of Iowa campus in Iowa City. Request an Appointment For Urology related requests: 1-319-356-2421 Show additional numbers Refer a Patient Find a Provider Take our Men's Health Assessment One survey of nearly 2,000 primary care physicians in five states found that roughly 45 percent were bound by such clauses. In last week's decision, Judge Sharon Soorholtz Greer noted that Zaw accused Birusingh not only of failing to obtain informed consent from Zaw, but also of "negligent communications" with other individuals, such as Zaw's primary care provider and Iowa Clinic staff members who received the original referral. Dr. Richard Glowacki, one of the urologists who left with Kellerman, performed surgery to remove her kidney stones more than a decade ago. But the case can still go back to trial because no expert testimony is needed to establish medical malpractice if"the lack of care is so obvious it is within comprehension of a layperson," Greer wrote. If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. A group of central Iowa physicians and one of Iowas largest health care providers are facing off in court and accusing each other of being motivated more by money than by patient care. We have a team of urologists specializing in the diagnosis and treatment of diseases of the urinary tract and urogenital system. When Don Cue called his longtime urologist in Des Moines to get an appointment, the receptionist said the doctor no longer practiced there and would not explain why or where he had gone. The Iowa Appellate Court held that Zaws negligent-communication claim should not have gone to the jury, as there was neither expert testimony nor substantial evidence to support it. Its a terrible, sad thing.. Zaw, who came to the U.S. as a refugeefour years ago, was referred to the Iowa Clinic for a "routine and ritual malecircumcision" in December 2015, according to the lawsuit filed by Harding. The suit says the Iowa Clinic has invoked aone-year non-compete clause inthe doctors contracts to prevent them from practicing in the Des Moines area, which has a shortage of such specialists. Murphy said she got a letter from Pothoven announcing her departure. Iowans value integrity in their government. UW Health, the health care system for the University of Wisconsin-Madison, recently hired three primary care doctors who had worked across town, said Dr. Sandra Kamnetz, vice chairwoman of clinical care for the Department of Family Medicine and Community Health at the University of Wisconsins School of Medicine and Public Health. The patient, Rickie Lee Huitt of Panora, sued the Iowa Clinic, whose pathologist admitted mixing up tissue sample slides from Huitt and another patient in January 2017. 2023 Certificates of need are issued by the Iowa Department of Public Health and State Health Facilities Council as a part of a regulatory review process that requires prospective health care providers to obtain state approval before developing a new or expanded institutional health service. Apr. Zaw with help of Harding andattorney Ben Novotny sued theIowa Clinic and Birusingh. We have been working to resolve this matter with the patient and his attorney for the past 12 months. We travel 1 hour and 15 minutes because the healthcare is outstanding. Follow the Register on Facebook and Twitter for more news. Later in the deposition, Trueblood described the mix-up as a horrible situation, which she said was due to human error., Huitts lawyer asked: Dr. Charlie Wittmack, a lawyer at Hartung Schroeder in Des Moines, is representing Kellerman and the two other urologists who were also fired in a lawsuit against the Iowa Clinic. Urology SCHEDULE ONLINE Call to Schedule: 515.875.9800 Get Care Services and Treatments Patient Information Physicians & Providers Locations Blog Articles Urology Physicians & Providers Find an expert, board-certified urologist near you. Hundreds of central Iowa urology patients, including some who had just undergone cancer surgery, have been prevented from seeing their chosen physicians since the doctors were fired by the Iowa Clinic in September, the doctors say in a lawsuit. by Clark Kauffman, Iowa Capital Dispatch August 11, 2021. All other urology appointments can be made by calling the listed Clinic number. At The Iowa Clinic, Zaw met with Dr. Kevin Birusingh. Zaw Zaw's dream of having more kids has disappeared. The Iowa Clinic by the Numbers 250 Healthcare Providers Find a Doctor 40 Specialties Offered See Services 5 Star Experience Learn More #1 Quality Learn More Praise From Our Patients I do all my healthcare with The Iowa Clinic's as well as my spouse. Mercy Iowa City released a statement saying: Mercy Iowa City is disappointed in the verdict. In 2019, The Iowa Clinic had over 54,000 patient visits resulting in cardiology services. Yes, she replied. The Iowa Clinic Urbandale 4323 Northwest Urbandale Drive Urbandale, IA 50322 (515) 875-9190 ACCEPTING NEW PATIENTS Specialties Dr. Steven Rosenberg has the following specialty Urology Specialty Expertise Dr. Steven Rosenberg has the following 9 areas of expertise Benign Prostatic Hyperplasia (bph) Birth Defects Bladder Cancer Enlarged Prostate The wrongful termination suit asks the court to declare the physicians restrictive covenant provisions unenforceable. 0 comment. According to the Des Moines Register, Huitt asked for $15 million in damages. The Iowa Clinic - Urology. It is hard to imagine a set of circumstances that would be more concerning and alarming than to awaken from a surgery to find that your treating surgeon had been terminated and was alleged to be legally prevented from contacting you or being involved in your care in any way, the lawsuit says. It was then given back to Zaw. You will begin to receive ourDaily News updates. Carver Pavillion (RCP) Hospitals and clinics say they have little choice but to respect the terms of business agreements that others have negotiated. Birusingh is no longer at the Iowa Clinic; he was fired last year amid allegations that he and two other urologists planned to split off and start a new practice. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. The Consumer's Resource for Class Action Lawsuits. As a patient, scared is too strong a word, but my feeling is, What do I do now? said Cue, 58. Urogynecology Urogynecology is a medical specialty that focuses on the diagnosis and treatment of pelvic floor disorders. Attorney Ben Novotny, who represented Zaw in the case, disagrees, and said Zaw will ask the Iowa Supreme Court to review the decision. And hell require 24-hour daycare for the rest of his life, said Geoffery Fieger, The Kromphardts attorney. Emailing us via this page is not an encrypted means of communication with our practice. Post author: Post published: June 29, 2022; Post category: fencing federation; Post comments: . "I think there's probably a fair number of people in the United States that English is their native language, and if you said 'vasectomy,'theywouldn't know what you were talking about," Harding said. While we respect the legal process, we disagree with the jurys conclusion and will consider all available options. The Iowa Clinic recognizes the enormous trust patients and families place in our physicians and staff. The jury awarded Zaw $500,000 for past loss of bodily function; $250,000 for future loss of bodily function; $1,000,000 for past physical and mental pain and suffering; and $250,000 for future physical and mental pain and suffering. On Nov. 23, however, the Iowa Court of Appeals remanded the case for a new trial, finding that one of Zaw's two major theories of liability was not supported by the evidence. mattel masters of the universe: revelation. Obstetric and Gynecologic Associates of Iowa City and Coralville legal team also released a statement saying: While we have great respect for the legal process, we are disappointed in the jurys finding. Half of that million would come from the state's general fund and the other half would come from UI Physicians, the multi-specialty medical and surgical group that represents more than 1,000 UI physicians in 19 clinical departments. Vasectomy appointments can be scheduled online using the link below. for a circumcision. They perform a full range of lab testsfrom simple blood chemistry to more complex testing proceduresall of which play a vital role in health promotion, diagnosis of illness, and management of disease. The guiding principle is patient choice, said David J. Clark, a partner in the New York office of the law firm Epstein Becker Green who has analyzed state noncompete statutes in health care. Whether noncompete clauses are binding in health care especially when patient care is disrupted is a point legal scholars debate. "It was a written referral that in four places said that it was a circumcision, and according to the records from Des Moines University, it was faxed over to the Iowa Clinic, which would have been for Dr. Birusingh," Harding said. Iowa Capital Dispatch maintains editorial independence. 4, 2023 5:00 am21h ago, By Caleb McCullough and Erin Murphy, - Gazette-Lee Des Moines Bureau, State Government Mar. Arora and Assouline-Dayan are not currently listed as UIHC physicians. Find a top urologist near you in Iowa, US who is an expert in your specific urological condition. If you find a healthcare provider's license has been suspended, that generally means that there has been an actionable offense. Huitt claimed the intense surgery has left him unable to control when he goes to the bathroom, and his relationship with his wife has also suffered because of side effects from the surgery. Informacin detallada del sitio web y la empresa:, +39873801950 Hotel Royal Vasto Marina - Hotel 3 stelle sul mare a Vasto Marina in Abruzzo Extended drainage duration, delayed surgical repair, claims of inadequate workup, and failure to supervise trainees were all significantly associated with an . "I mean, (money is) a poor substitute, but it'sthe only substitute we have.". Skip to content. The urologist removed Huitts prostate in April 2017 during an operation at Iowa Methodist Medical Center. Request an appointment We offer urological care at the following offices. Case remains on track for 2024 trial. Free and independent journalism is what keeps our public servants accountable and responsive to the people. Our primary focus remains on providing high-quality care to our patients and families,. Deputy Editor Clark Kauffman has worked during the past 30 years as both an investigative reporter and editorial writer at two of Iowas largest newspapers, the Des Moines Register and the Quad-City Times. Now, the physicians and UnityPoint are at war over a proposed set of cardiac catheterization labs, with each side claiming the other will be putting patients at risk for the sake of their bottom line. The state, UnityPoint and The Iowa Clinic have each submitted their arguments to a Polk County judge who has yet to rule in the case.

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