News
Mason spine surgeon’s insurer says he breached policy; sues to drop him
Lisa Bernard Kuhn reports:
The insurer of Dr. Atiq Durrani – the Mason spine surgeon alleged to have botched hundreds of surgeries – wants a federal judge to rescind the doctor’s multimillion dollar medical malpractice policy.
Fort Wayne, Ind.-based Medical Protective Co. filed a lawsuit in the U.S. District Court for the Southern District of Ohio earlier this month arguing Durrani breached conditions of his policy when he fled the country in December. The lawsuit also names as a defendant Durrani’s practice, Center for Advance Spine Technologies Inc. (CAST), which operated out of Florence and Evendale.
A win in court for Medical Protective would mean the firm would be off the hook for paying for Durrani’s defense and potentially tens of millions of dollars in payouts to hundreds of patients with lawsuits against the surgeon.
“It’s very typical for an insurer to go through a policy with a fine-toothed comb to find any reason to get out of the contract or say a person was not truthful” says John Metz, a Cincinnati malpractice lawyer.
Durrani faces more than 170 lawsuits in Hamilton and Butler counties from former patients who claim he performed unnecessary surgeries that left many of them worse off. He also is accused of fraudulently billing Medicare millions for unnecessary procedures – a federal crime that carries up to 25 years in prison.
Federal officials issued a warrant for Durrani’s arrest in December after they were alerted he had fled Greater Cincinnati to Pakistan. Medical Protective says its contract with Durrani requires him to “fully cooperate” with any claims brought against him, and he must “attend and assist in the preparation and trial” related to any claims.
But in a Dec. 23 email from Durrani to Medical Protective, the doctor wrote: “I will not be able to return back to the U.S. and unfortunately will not be able to assist in any way in defense of these civil cases.”
A Hamilton County jury found Durrani negligent in the first of the civil claims to go trial earlier this month, in which Durrani was tried in absentia. A jury awarded former patient Crystal Pierce of Green Township $750,000 in damages for her pain and suffering from an unnecessary surgery Durrani performed in 2009.
Medical Protective claims Durrani’s absence from the trial violated terms of his contract. The insurer also argues Durrani lied on his initial application for malpractice insurance in 2008 when he claimed that he wasn’t involved in any malpractice lawsuits. Durrani was actually “a defendant in seven medical malpractice actions” at the time, according to court papers.
In addition to asking the federal court to rescind Durrani’s policy and relieve it of its duty to defend the doctor, the insurer wants to recover court costs and lawyer fees, according to the lawsuit. Lawyers for Medical Protective could not be reached for comment, nor could lawyers for CAST.
If Durrani doesn’t hire a lawyer to defend him in the Medical Protective case, it could result in a default judgment against him, said Michael Lyon, the lawyer hired by Medical Protective to defend Durrani, who lived in Mason, in the civil cases.
If the policy is rescinded, Durrani would be personally responsible for any financial penalties levied against him in court.
Lawyer Eric Deters, who represents more than 400 former Durrani patients, plans to object canceling the policy. His clients are also considered third party defendants in the insurer’s cases against Durrani because they stand as potential beneficiaries of the insurance plan.
“It’s going to be very difficult for a judge that knows all the circumstances to allow Medical Protective to benefit from Dr. Durrani’s flight from the U.S.,” said Deters. “I can’t imagine a court not looking out for the rights of third party beneficiaries in this case.”
At least 17 civil cases against Durrani have been scheduled for trial through 2015.
no comments yetGrand plan maps out how 20 sq. miles can change northern burbs
Rachel Richardson reports:
One of the last undeveloped areas between Cincinnati and Dayton would see two new interchanges along Interstate 75, more than 3,000 new homes, an equestrian center and a zoo facility under a plan to develop Warren County.
It could form the blueprint for development in northwest Warren County, officials say.
The proposal, which encompasses about 20 square miles in Turtlecreek and southern Franklin townships, is the brainchild of a 25-member advisory committee representing three counties and five municipalities, made up of residents, business and property owners and developers.
Regional planning officials presented their preliminary “I-75 Area Plan” to Warren County commissioners earlier this month, outlining the proposed development along the east side of I-75 from Liberty Township in Butler County to Franklin Township in Warren County.
The final draft plan is expected to be completed by May, after which it will be submitted to county commissioners for review.
“It really is the last remaining piece of the puzzle,” said Matt Obringer, a planner with Warren County working on the project.
“If you go north from Cincinnati, it’s development and development and then you get to Turtlecreek Township and it’s a dark spot. If you go south from Dayton and get to Centerville and Springboro, it’s another dark spot.”
At the project’s helm is Jonathan Sams, an attorney serving his second term as Turtlecreek Township trustee. The group’s goal, he said, is to manage growth while preserving the area’s rural character.
“I live on a farm. When you have real estate, you get crops if you plan for it and weeds if you don’t,” he said. “I want a highly livable community that respects our rural traditions and has a fundamental cultural impact on the people with long-term economic viability.”
New interchanges at Greentree and Manchester roads would open up hundreds of acres for commercial, light industrial and residential development while areas along Union Road and State Route 122 could see commercial and mixed-use development.
Other proposed developments include:
- A 90-acre park in Hunter, a community in Franklin Township, which planners hope draws more than 126,000 visitors each year;
- A 294-home community on State Route 63 between Ohio 741 and Lebanon in Turtlecreek Township;
- A Cincinnati Zoo and Botanical Garden cheetah breeding center on zoo property north of Mason;
- •The widening of Union Road from two lanes to five between Liberty and Franklin townships.
Many of the proposed developments center on Otterbein Lebanon’s 1,200-acre property at State Route 741 and State Route 63 in Turtlecreek Township. The 900-resident retirement community leases much of its 1,000 undeveloped acres to farmers, said Gary Horning, Otterbein’s vice president of marketing.
Otterbein is working with developers to decide the evolution of its property over the next 10-30 years, Horning said.
Envisioned there is a “new urbanist” community, a philosophy built around walkable neighborhoods with mixed socioeconomic commercial and multi-generational residential development.
Otterbein’s concept could include 3,500 new homes, restaurants and grocery stores, medical offices, arts and cultural shops, a performing arts center, a regional sports complex and YMCA, equestrian center and trails and a college branch.
“Over the last 10 years, as Dayton and Cincinnati started to grow closer and closer together, we’ve had a lot of requests to buy parts of our land,” said Horning. “We’re building that detailed plan so if those opportunities come along, we know how they would fit together. This is a planned family atmosphere, and we want to be exceptionally choosy.”
Planners say it’s not a matter of if the area will develop, but how. A confluence of factors – a major transportation artery, new development, a returning economy and a rapidly growing population – make the Warren County I-75 corridor ripe for development, they say.
Warren County’s population more than doubled from 1980 (99,276) to 2010 (212,693), making it the second-fastest-growing county in Ohio. At 66 square miles, Turtlecreek Township is one of Ohio’s largest townships in size yet remains largely undeveloped, said Sams.
“We have open and accessible land on the busiest highway in America,” he said. “It’s a great advantage. When you walk in with a blank slate of paper, it allows you to decide who you’re going to be.”
The opening of Miami Valley Gaming in Turtlecreek Township last month – the region’s first racino and Ohio’s third – represents the latest regional attraction for the area, which already boasts the popular Cincinnati Premium Outlets mall.
Others, such as the nearby Solid Rock church, which boasts the second-largest statue of Jesus in the nation, and the Atrium Medical Center are also regional draws.
“You can’t just be a bedroom community,” said Warren County Commissioner Dave Young. “I’m very pleased that we’re being proactive in trying to encourage certain types of development as opposed to a city mayor holding up a catcher’s mitt saying, ‘Whatever happens, happens.’ ”
Officials from Turtlecreek, Franklin and Liberty townships, Monroe, Middletown and Warren County began collaboratively developing the I-75 plan in May. The impetus, in part, stemmed from a controversial proposed Interstate 71 truck stop that has drawn opposition from residents.
In March, Warren County commissioners voted 2-1 to approve the Pilot Flying J Travel Plaza near I-71 and Ohio 123 in Turtlecreek Township with a list of conditions. While Commissioner Pat Arnold South said she didn’t like the truck stop idea, the area’s industrial zoning code bound her to approve it. A group of residents appealed the decision, but it was upheld in November by a Warren County judge.
“All of our attention shifted to the I-75 area, and we wanted to make sure we have a plan in place so that we don’t have another situation where we have another truck stop or another undesirable use activity happening at that corridor,” said Obringer.
While some projects could get underway as early as 2015, planners say the study lays the groundwork for officials to get ahead of what is poised to become the center of a booming Cincinnati-Dayton megalopolis.
“The planning of this corridor is critical,” said Young. “You’re almost going to have Cincinnati and Dayton merge over time into one metropolitan area. It’s going to happen.”
Attend a meeting
The I-75 Citizens Advisory Committee will next meet at 9:30 a.m. March 5 at the Warren County Administration Building, 406 Justice Drive, Lebanon. The meetings are open to the public. For more information, go to www.co.warren.oh.us/I75AreaPlan or call the Warren County Regional Planning Commission at 513-695-1174.
OHSAA recommends tennis tournament moves to Mason
Mike Dyer reports:
COLUMBUS – Ohio High School Athletic Association commissioner Dr. Dan Ross announced today the OHSAA recommended the state boys and girls tennis tournaments to be at the
in Mason starting in fall 2015.
Ross informed the statewide media of the news at annual media advisory meeting at the OHSAA office. The tennis tournaments are held annually at Ohio State’s Stickney Tennis Center.
Ross said the move isn’t finalized but will likely be approved at the OHSAA at the Board of Diectors meeting in April.
“It’s a beautiful facility,” Ross said. “They are very tickled to have us there.”
Girls tennis is a fall sport and boys tennis competes in the spring.
no comments yetMason teen earns Eagle Scout award
Aman Kumar was honored this month with the rank of Eagle Scout, the highest achievement offered through the Boy Scouts of America.
Kumar, a senior at Mason High School, is a member of Troop 500, based at St. Susanna Church in Mason.
To become an Eagle Scout, a candidate must first earn at least 21 merit badges and complete a community service and leadership project before his 18th birthday. Only about five percent of Boy Scouts earned the Eagle Scout award, according to the Boy Scouts of America.
Kumar, a 10-year Scout, spent more than 350 hours planning and raising almost $4,000 for the installation of three 25-foot flags (U.S., India and Ohio) and landscaping in front of the Hindu Society of Greater Cincinnati’s temple in Clermont County’s Union Township.
In addition to scouting, Kuman also serves as co-founder and president of his school’s Science National Honor Society and has presented his original science research at several state, national and international conferences.
He is the son of Rita and Pawan Kumar of Mason.
no comments yetMason girls’ basketball ranked 18th nationally
Mike Dyer reports:
The Mason girls’ basketball team moved up to No. 18 nationally the USA Today Super 25 rankings this week.
The Comets (16-0) were No. 24 nationally last week. Mason remained No. 1 in the Assocated Press Division I state poll and in The Enquirer Division I area coaches’ poll.
Mason, which defeated Canton McKinley and Toledo Notre Dame this past weekend at the Classic in the Country, plays at McAuley tonight in a makeup of Tuesday’s postponed game.
Mason plays at Sycamore at 2 p.m. Saturday
no comments yetMason Schools asks state to approve snow day alternative
Submitted by Tracey Carson, Mason Schools
After using the district’s fifth snow day on Tuesday, Mason City Schools superintendent Dr. Gail Kist-Kline asked the school board to approve a calamity day make-up plan that would give students an alternative to making up days at the end of the year.
The board approved the plan during its regularly scheduled meeting on Tuesday, and will ask the Ohio Department of Education to approve the calamity day alternative make-up plan.
Under Ohio Revised Code, a board of education may file an annual plan with the Ohio Department of Education to provide online learning opportunities for students in lieu of attendance on such excess days. The calamity day alternative make-up plan kicks in after a school district uses its five calamity days.
It requires each classroom teacher to develop lessons requiring equal or more instructional time that the student would receive for three school days in his or her teacher’s class. The lessons will be posted on Edline, the district’s secure online portal for accessing assignments and grades.
The district’s teachers union, the Mason Education Association, also agreed to the plan as called for by law.
“It is critical that our instruction not be interrupted. Losing five to eight days of learning in one trimester hurts the pace of our curriculum,” said Karrie Strickland, MEA president.
“If we can use technology to keep our curriculum moving, this helps us stay on pace. At the middle and high school levels, many of us will not have the same students at the end of third trimester that we have during the middle of second trimester. We need academic access to our students each day, so Edline can help us maintain our connection with our students even when the weather prevents our face to face contact so that learning continues.”
Each student has two weeks to complete the lesson. If the student does not complete the lesson within the two-week time period, the student will receive an incomplete or failing grade unless a reason sufficient to the teacher is provided.
Students without access to a computer will be permitted to complete the posted lessons at school after school reopens. Students utilizing this option will be granted two weeks from the date of reopening to complete their lessons.
If the student does not complete the lesson within this time period, he or she will receive an incomplete or failing grade unless a reason sufficient to the teacher is provided. The district will provide access to district computers before, during, or after the school day (provided that the equipment is available and accessible at those times) or may provide a substantially similar paper lesson in order for students to complete the assignments.
“This has been a winter for the record books. This equitable plan will help ensure that students are accessing what they need for their coursework without having to make up days way into the summer,” said Dr. Kist-Kline.
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Ex-Kings teacher, district officials accused in federal abuse lawsuit
Michael D. Clark reports:
A former Kings Schools special education teacher is the target of a federal lawsuit filed Monday accusing her of physically and emotionally abusing five mentally and physically challenged students.
Amanda Kitcho taught special needs students at Columbia Elementary in the Warren County district until she negotiated a resignation agreement with district officials in March 2012.
The parents of five of her former students have sued both Kitcho and Kings school officials in U.S. District Court in Cincinnati contending their children suffered physical and emotional abuse.
Kitcho made one girl, who moves with the aid of a walker, “crawl like an animal” to the bathroom while screaming at her, restraining her with duct tape and secluding her in bathroom and a janitorial area, the lawsuit states.
Kitcho also “intentionally provoked and startled students into escalating behaviors … walled students behind dividers in the classroom, took food from the children’s lunches and deprived them of snacks,” according to the suit.
And Kings officials knew of the mistreatment but didn’t report it to law enforcement or inform parents that the district was investigating Kitcho, the suit states.
“Children with significant disabilities are the most vulnerable and invisible of our fellow citizens. They love and hurt just like anybody else. Their parents and grandparent guardians hope and suffer just like all parents and guardians,” said the parents’ attorney, Rick Ganulin. “Each child suffered directly and also suffered by having to observe the abuse of other children.”
Ganulin said one child suffers from glycosylation, which shortens her life and affects her mental and physical abilities.
Her mother and father, Amy and Michael McClellan, who now live with their daughter, Hannah, in Idaho Falls, said they remain “furious” about how then 11-year-old Hannah was treated by Kitcho during the 2010-2011 school year.
“We gave them a bubbly, happy little girl and what we got back at the end of the school year was nothing like that. We got a totally different child because she had such a fear of going to school,” Hannah’s mother said in an interview.
“I was personally lied to by Amanda Kitcho and I was lied to by the district.”
According to the lawsuit, a teacher’s aide, frustrated by the initial lack of action by Kings officials to investigate Kitcho, resigned and a school librarian reported her concerns to the Warren County Sheriff’s Office and the county prosecutor, but no charges were filed.
But according to sheriff’s documents obtained by The Enquirer, a detective who conducted the sheriff’s office investigation noted in his report that though Kitcho’s alleged actions did not merit criminal charges, “it was quite obvious that (she) was extremely mean spirited, verbally abusive and cruel toward these handicapped students and has no business teaching handicapped children.”
Kitcho did not immediately respond to message left at home seeking her comment.
Kings schools are closed Monday and messages left for Kings Superintendent Valerie Browning and other district officials did not elicit a response Monday.
The Kitcho case made headlines last year when Kings settled a public records lawsuit filed by the Coalition Opposed to Additiona Spending and Taxes
by agreeing to release the depositions of teacher aides and school administrators as part of the district’s investigation of Kitcho.
The first complaint about Kitcho came to Kings officials in October 2011 and by January 2012 the teacher was placed on paid leave. Kitcho, under a negotiated resignation agreement with the district in March 2012, received a letter of recommendation that included an excerpt from the teacher’s previously favorable job reviews.
Kings officials said they reported their investigation of Kitcho to the Ohio Department of Education as required by Ohio law.
no comments yetNo. 1 Mason girls down No. 10 Canton McKinley 52-27
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Mike Dyer reports:
The mere mention of a 15-0 record brings smiles to the faces of Mason senior Jenna Gunn and sophomore Lauren Van Kleunen.
The Comets understand the national and state rankings and the expectations that accompany that attention.
“We are going to get everyone’s best every night,” Van Kleunen said. “We know that going in.”
And the bulls-eye gets larger each week. But, that doesn’t deter the Comets – ranked No. 24 nationally by USA Today and the No. 1 team in the Associated Press Division I state poll.
“You have to think in the present,” Gunn said. “We are taking it game by game.”
Mason continued a very successful season with a 52-27 win over Canton McKinley on Saturday afternoon in the 11th annual Classic in the Country Challenge at Berlin Hiland High School.
Van Kleunen had 16 points on 6 of 7 from the field. She also had seven rebounds for the Comets.
“Honestly, I thought Lauren played extremely well,” Mason coach Rob Matula said.
Gunn, who is signed with Indiana University-Purdue University Indianapolis, had 14 points and 10 rebounds. Gunn says the team has state championship aspirations but any thoughts of March would be premature.
“I can’t tell you how much she means to our program,” Matula said. “…She is the epitome of a leader.”
The Mason defense was very strong – holding McKinley to just four points in the second and fourth quarters.
Mason switched to a 2-3 zone and it did wonders. The length of the Mason defenders was enough to limit the McKinley perimeter shots.
“I really didn’t expect to hold them to 27 points,” Matula said. “…Our kids did a very good job.”
Junior Tazhia Petitt scored 12 points and had four rebounds for Canton McKinley (12-3).
McKinley led 10-9 at the end of the first quarter but did not reach double digits in any of the following three quarters.
Junior Tyler Newkirk added seven points and for rebounds for Canton McKinley, ranked No. 10 in the Associated Press state poll.
Mason next plays No. 4 state ranked Toledo Notre Dame at 5:15 p.m. Sunday in Berlin.
Mason still hasn’t lost a January game since Jan. 25, 2012 when it fell to Colerain (59-57 in overtime).
no comments yetMason’s Carr diving better than ever after injuries
By Marc Hardin, Enquirer contributor
Mason diver Sydney Carr has been twisting and turning her body since she was a little girl practicing gymnastics. Whether she’s upside-down or up in the air in the middle of a somersault, the senior is smooth and comfortable doing her dives despite a list of injuries that could have derailed her career.
Having recovered from a fractured vertebrae, a broken wrist and lesser hurts, Carr is driven to succeed because she knows how grumpy she’ll get if she has to stay away from her favorite sport should lingering pain persist or another injury occur.
She’s hoping the setbacks are in the past and a solid finish at the state meet is in her future following yet another strong runner-up performance Sunday at the 1-meter diving championships of the Southwest Classic at University of Cincinnati’s Keating Aquatics Center.
Carr’s effort totaling 433.44 points was her second runner-up finish at a high-level meet in four weeks, and kept Greater Cincinnati divers from being swept out of Sunday’s top three spots by Dayton-area competitors.
Carr, second at December’s Battle of the States event featuring the best from Ohio and Kentucky, finished less than 15 points behind Southwest Classic winner Claire Schuermann of Kettering Alter, who scored 447.60.
Summit Country Day’s fifth-place Allison Brophy (412.56) was the next highest local finisher. Centerville’s Maddy Woods (417.48) and Katie Polk (414.81) were right behind Carr.
The Centerville duo was attempting to make it an Elks sweep. Centerville’s Noah Hickey won the boys’ Classic championship with a score of 441.45, outpointing runner-up Mitch Godar (412.95) of Elder.
Carr, calling herself day-to-day after taking a cortisone shot two weeks ago to ease back discomfort, was able to stay ahead of Woods and Polk on a two-and-half-somersault dive with a tuck that drew high scores
“I was really comfortable with it, and it was one of my last dives,” said Carr, who finished 13th at last season’s state meet. “I knew it was pretty close between me and (Schuermann) so I tried to do my best on all my dives.”
Carr is improving. On Sunday, she finished ahead of Polk, who was 10th at state. She also finished ahead of Sycamore’s Andrianna DiMasso, 12th at state, after placing ahead of DiMasso at the Battle of the States. Carr’s score was better than the 396.25 she posted at Battle of the States while helping Ohio to the team crown.
Making Sunday’s experience even more enjoyable for Carr was Mason teammate Aubrey Rose’s seventh-place finish with a score of 395.19, nearly 55 points better than Rose’s showing at Battle of the States.
Elder’s Godar held off boys’ third-place finisher Stewart Spanbauer of Summit Country Day with the help of a high-scoring one-and-a-half back somersault with a one-and-a-half twist.
“I thought I nailed it, and it felt pretty good coming out of the water,” said Godar, a 16th-place state finisher as a sophomore and 23rd as a junior. “My goal is top 10 at state this year, so I need to keep diving well.”
no comments yetNational ranking not changing Comets
Mike Dyer reports:
Any national or statewide attention is an added bonus, but Mason girls’ basketball coach Rob Matula understands to keep it in perspective as his undefeated squad travels north for a pair of games this weekend.
Mason is ranked No. 24 nationally by the USA Today Super 25 rankings this week.
Mason (14-0), ranked No. 1 in the Associated Press Division I state poll, next plays in the annual Classic in the Country event in Berlin, Ohio, this weekend.
The Comets play AP state-ranked No. 10 Canton McKinley at 3:15 p.m. Saturday and No. 4 state-ranked Toledo Notre Dame at 5:15 p.m. Sunday.
“It’s an honor,” Matula said of the national ranking. “It’s something you recognize someone is seeing your program in the light you want it to be.”
Mason is led by senior guard Jenna Gunn, who had 20 points, six rebounds and three assists in a win at Kings on Wednesday.
The Mason girls’ basketball team hasn’t lost a January game since Jan. 25, 2012 at Colerain (59-57 in overtime), according to the Greater Miami Conference website.
no comments yetMason girls’ basketball ranked No. 24 in nation
Mike Dyer reports:
The Mason girls’ basketball team is ranked No. 24 nationally by the USA Today Super 25.
Mason (13-0) plays at Kings tonight before it travels up north to play Canton McKinley at 3:15 p.m. Saturday at Berlin Hiland in the Classic in the Country in Holmes County.
The Comets, ranked No. 1 in the AP Division I state poll, play Toledo Notre Dame at 5:15 p.m. Sunday at Berlin Hiland.
no comments yetVideo: Final pieces of track for Banshee arrive at KI
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Construction of the world’s longest inverted roller coaster Banshee is headed into the home stretch.
The final two pieces of track for Kings Island’s $24 million coaster were delivered Wednesday from Clermont Steel Fabricators in Batavia to the Mason amusement park.
Four of Banshee’s seven inversions have already been constructed and the coaster is on track to make its debut when the park opens in April, park officials said.
- New KI coaster big business for area companies
- Video: First piece of Banshee track installed
- Photos: Local companies at work in building Banshee
Banshee will become the fastest B&M coaster in the nation, surpassing the previous record of 67 mph held by Busch Gardens-Williamsburg’s Alpengeist.
The ride starts with a 167-foot ascent before plunging 150 feet and pitching white-knuckled riders through a dive loop, vertical loop, zero-gravity roller, two batwing inversions, a second vertical loop and a 170 foot heartline finale.
The coaster represents the 364-acre Mason amusement park’s largest investment in its 42-year history, say park officials.
Video/Courtesy Kings Island
no comments yetLouie’s Taphouse & Grill open in Deerfield Twp
Shauna Steigerwald reports:
After a soft opening six or seven weeks ago, Louie’s Taphouse & Grill celebrated its grand opening in Deerfield Township last week. It’s located in the former Willie’s Sports Cafe at 8267 Arbor Square Drive, in the Arbor Square Shopping Center.
Howard Mason, CEO for the business, said it’s not a sports bar (though there are more than 20 TVs for those who do want to catch a game) but a full-service, family-friendly restaurant. The menu is American casual, with wings, burgers, steaks, seafood and the like, but there are also some New Orleans-inspired dishes, such as jambalaya and a shrimp po’ boy. Food is made from scratch, Mason said.
They’ve done some renovations, adding new flooring and new, brighter paint, and they’ve taken down the sports memorabilia. It’s a large space, about 8,000 square feet, and seats about 285 in the bar and dining areas.
There’s anew bar and new tap system, with 62 beers on tap; Mason said they’re hoping to eventually expand to 100.
Speaking of expanding, Mason said that he and his partners, one of whom has been involved in several restaurants in the Dayton and Beavercreek areas, are planning three additional locations. He hopes to open one of those locations in Downtown Cincinnati by late September, in time for football season. (The other locations will be in Dayton and Columbus, he said.)
11 a.m.-11 p.m. Sunday-Thursday; 11 a.m.-2:30 a.m. Friday-Saturday
513-770-0888; www.louiestaphouse.com
no comments yetMason Schools issues call for volunteer science fair judges
Contributed by Tracey Carson, Mason Schools
The 2014 Mason City Schools Science Fair held at Mason Middle School needs judges. The Thursday, Feb. 6 event hosts approximately 250 middle and high school students, all eager to interact with and learn from members of our community who are interested in science.
SCHEDULE FOR MASON CITY SCHOOLS SCIENCE FAIR
Thursday, Feb. 6
3:00-3:45 Snacks Provided for Judges(Pizza and salad)
3:30 Meeting with the Judges
3:45 – 6:30 Judging in pairs
6:30 – 7:00 Exhibit open to the public
7:00 – 8:00 Awards presentation
Please email MMS Science Fair Coordinator Jay Reutter at reutterj@mason.k12.oh.us as soon as possible if you are willing to help judge our young scientists. A confirmation letter with directions will be sent by email. If you have any questions, please call 513 398-9035, ext. 44450 and ask for MMS Science Fair Coordinator Mark Campbell.
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Jury finds Mason spine surgeon negligent
Lisa Bernard Kuhn reports:
A patient of a Mason spine surgeon facing dozens of malpractice lawsuits was awarded $790,000 by a Hamilton County Common Pleas jury Tuesday.
The jury found that Dr. Atiq Durrani was negligent in a 2009 spinal surgery on Crystal Pierce, of Green Township, in which he used “scare tactics” and lies to convince her that she would be paralyzed without the procedure.
It awarded Pierce, 33, $500,000 in punitive damages, another $500,000 for pain and suffering and $40,000 for one year of lost wages. But limits on malpractice payouts for pain and suffering will translate into about $790,000 in damages for her.
“This is a huge victory,” said Pierce’s lawyer Eric Deters, who represents more than 170 patients who have filed lawsuits against Durrani in Hamilton and Butler County courts.
Pierce, who suffers from constant neck and back pain she says is from Durrani’s surgery, said Tuesday she was relieved.
“I didn’t want him to be able to do this to anyone else,” she said. “I just hope every one left (who has sued him for malpractice) can find justice.”
Michael Lyon, Durrani’s lawyer, said he will likely appeal.
Durrani, whose Center for Advanced Spine Technologies has offices in Evendale and Florence, was tried in abenstia – having alerted Lyon in December that he had left the country and returned to Pakistan. Lyon reported the call to the U.S. Attorney’s Office, which issued a warrant for his client’s arrest.
Jurors in the Pierce case were told – at the direction of visiting Hamilton County Judge Guy C. Guckenberger – only that Durrani elected not to attend the trial.
The jury’s decision, Deters said, was significant for the hundreds of patients he represents that have sued or plan to sue Durrani, who was suspended from practicing in Kentucky and Ohio in November.
In his closing arguments Monday, Deters portrayed Durrani as an unscrupulous physician who took advantage of Pierce when she came to him seeking a second opinion.
Pierce testified during the trial that Durrani told her she would be immediately paralyzed if she didn’t undergo two procedures he recommended. While a first helped her, a laminoplasty in January 2009 was unnecessary and required another physician’s intervention to remove screws from her spine that left her in pain, she said.
“Sometimes a banker has to say no to a loan. Sometimes surgeons have to say no to surgeries,” said Deters. “Durrani knew she was looking for options, so he played her.”
Lyon countered, calling Pierce’s case “absolutely hollow.” He defended Durrani by arguing that the doctor did the “best” he could to relieve Pierce’s neck and upper back pain when procedures from other physicians failed to help.
Durrani’s laminoplasty helped relieve the pain and issues Pierce initially came to the doctor for in 2009, Lyon said.
The conditions she lives with now – which includes a limited range of motion in her neck – could be from Pierce’s arthritis, Lyon’s argued.
“She has pain, no question,” Lyon said. “It has nothing to do with Dr. Durrani. He fixed her.”
The jury deliberated for about an hour on Monday, and more than four hours on Tuesday before delivering their verdict.
At least 21 other civil cases against Durrani have been scheduled for trial through 2015. The doctor also faces federal criminal charges for allegedly billing Medicare millions of dollars for unneeded surgeries that left many patients worse off.
Federal officials including the U.S. Department of Homeland Security, the FBI and the U.S. Marshals are looking for the doctor. Officials have said it’s believed he traveled through Mexico into Brazil then fled to Pakistan in early December – a violation of conditions of his bail on the criminal charges.
When Durrani was arrested in July by federal agents he was forced to turnover his passport and prohibited from leaving the country without a federal judge’s permission. He sought that permission, citing a need to visit his sick father in Pakistan, but the court denied the request in September.
no comments yetMonday’s prep sports results for Mason
The Enquirer reports:
Monday’s prep scores:
Boys Bowling
- Fairfield 2862, Mason 2579
- High series: F–Newberry 462; Williams 454. M–Kirch 433; McPherson 413. Records: M 5-2, F 5-1.
Girls’ bowling
- Fairfield 2499, Mason 2287
- High series: F–Alex 404. M–Mitchell 469
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Share information on your civic group
Our Town magazine is compiling a listing of civic groups that meet regularly in Mason and Deerfield Township neighborhoods. We will regularly share this list with readers who want to get involved in community service.
Clubs and organizations are asked to mail or email the following information:
- Name of civic or community group.
- Regular meeting time and date (for instance, the second Tuesday of the month).
- Regular meeting place. Please give exact location.
- Contact name, email and/or website.
- Description of club in 10 words or less.
Email this information to ndaly@enquirer.com or mail in to Nancy Daly, Cincinnati Enquirer, 312 Elm St., Cincinnati, OH 45202.
no comments yetMason attorney suspended for third time
The chief legal officer of a Mason company has had his license suspended for a third time, this time after the Ohio Supreme Court ruled he continued to practice law while his license was suspended.
In a 4-3 ruling Tuesday, the Ohio Supreme Court ruled that David E. Troller engaged in attorney misconduct by practicing law for six years while his license was suspended and engaged in conduct that adversely reflects on his fitness to practice law.
The court suspended Troller’s license for two years, with a six-month stay provided he meet certain conditions.
Troller, of Terrace Park, served as chief legal officer of the Clopay Corporation from April 2002 to April 2012.
In December 2005, the Supreme Court suspended Troller for not registering and paying attorney fees for 2005-2007. All Ohio attorneys on active or corporate status are required to register with the state’s Office of Attorney Services and pay a registration fee every odd-numbered year.
Troller received another suspension in May 2006 for failing to meet his continuing legal educational requirements for 2003-2004 and to pay a penalty for not meeting his education requirements for 2001-2002.
The suspensions prohibited Troller from providing legal advice or performing legal services.
In July 2012, the state’s disciplinary counsel charged Troller with failure to comply with the duties of a suspended attorney and continuing to practice law while his license was suspended.
During the disciplinary proceedings, Troller admitted to engaging in the practice of law at Clopay by working with outside counsel on pending litigation, negotiating and drafting contracts for the company and advising human resources personnel on employee terminations.
The court ruled that while Troller engaged in a “pattern of misconduct,” he cooperated in the disciplinary process and stopped providing legal advice at Clopay when notified of the investigation
The ruling also noted Troller’s charitable contributions, including post-hurricane relief and recovery efforts in New Orleans and Haiti and his service as a volunteer firefighter.
The court found that Troller does not pose further risk to the public and stayed the suspension for six months provided he engage in no further misconduct, pay all outstanding registration fees within 30 days and extend his contract with the Ohio Lawyers Assistance Program for treatment of anxiety.
Troller remains employed at Clopay as the company’s vice president and chief legal officer, a company representative confirmed Tuesday.
no comments yetIndicted Rep. Beck prepares for hot primary
Chrissie Thompson reports:
Get ready for a divisive spring in Warren and Butler counties.
State Rep. Pete Beck, R-Mason, is running for re-election in May, despite his indictment this summer on 16 felony counts for his alleged role in fraudulent business dealings. Political activist Mary Jo Kubicki, R-Deerfield Township, is taking him on, with endorsements that already include state Rep. Ron Maag, R-Salem Township, several Warren County elected officials and a few local mayors.
Beck filed his signatures to get on the ballot on Friday. Kubicki had filed hers on Tuesday.
Beck’s trial is currently scheduled to start April 7, a month before the May 6 primary. In an e-mail exchange Monday with Enquirer reporter Sheila McLaughlin, Beck’s attorney, Taft’s Ralph Kohnen, said he did not expect the date to change.
When I talked with Beck last week, I asked him how his campaign would handle the indictment.
“I think you all have already addressed it,” he said, referring to media coverage of the indictment.
Beck has stayed in office, despite calls for his resignation from the Republican Party and Speaker Bill Batchelder, R-Medina (who later said he was just making a suggestion).
Beck is a former Mason mayor and city council member. His fraud charges are related to Beck’s role in a West Chester startup software company called Christopher Technologies.
Kubicki, cousin of Hamilton County Common Pleas Judge Barry Kubicki, has been active in Warren County Republican politics since moving to Deerfield Township in 2007. She has run campaigns for other candidates, served as president of the Warren County Young Republicans and went on to co-chair the Ohio Young Republicans.
Kubicki was eCampaign coordinator for the Kasich-Taylor for Ohio campaign and county co-chair for 2012 presidential candidate Mitt Romney.
no comments yetMason girls rally to knock off Lakota West 55-54
By Tom Ramstetter, Enquirer contributor
Haley Vorherr’s only field goal of the game Saturday afternoon at Mason High School did not give her team the lead or tie the score in Mason’s 55-54 comeback win over Greater Miami Conference rival Lakota West.
But it was big.
The senior guard drained a 3-pointer from the corner with 1:05 to play in the fourth quarter to pull her team to within one point, turning the tide one final time in a game of changing tides. Sophomore guard Jailyn Mason followed seconds later with a jumper in the lane to give the Comets the lead for good at 53-52.
“I’m a senior this year and I’m getting a lot more playing time than I have previous years, so yeah, that’s probably the biggest shot I’ve hit in a game,” Vorherr said. “It felt really great.”
Senior guard Jenna Gunn sealed the win with two free throws in the final 30 seconds.
The Comets (13-0, 9-0 GMC), ranked No. 1 in the Enquirer Division I area coaches’ poll, completed a regular-season sweep of No. 3 Lakota West. Mason beat the Firebirds (9-4, 4-4) in the first matchup, 45-39 in overtime, Dec. 4 at Lakota West.
Mason trailed the entire first half Saturday and Lakota West led by as many as nine. But the Comets surged to a 36-31 lead midway through the third quarter. The Firebirds used a 14-3 run spanning the third and fourth quarters to take a 49-43 lead with less than four minutes to play.
There were five lead changes and three ties in the second half and the Comets were behind 52-48 when Vorherr got the ball in the corner.
“We were running spread and everybody was just moving the ball around and I ended up in the corner,” Vorherr said. “I was going to pass into Lauren (Van Kleunen) in the post, but the girl doubled down on her. I think she knew what I was going to do, so I just shot.”
It was the only shot she made in only three attempts.
“I told her that is why we believe in our players,” Mason coach Rob Matula said. “She’s a senior who played JV as a junior and she has just worked unbelievably hard on her game. We have confidence in her. Just calm and cool in the corner, she loaded it up and knocked it down. It was huge.”
West didn’t make a field goal the final four minutes of the game. Van Kleunen stopped the final Lakota West run with a traditional three-point play and a layup to cut the lead to 49-48 with two minutes to play.
“We’re definitely a second-half team,” Van Kleunen said. “We’re usually more mentally prepared to come out in the second half and that’s what we did.”
West opened the game on a 10-2 run and led 29-23 at halftime. Mason took its first lead at 32-31 with 3:59 to play in the third.
Stars of the Game: Gunn led Mason with 14 points. Van Kleunen added 13 and 10 rebounds, and Jailyn Mason scored 11 for the Comets.
Lakota West leading scorer Lauren Cannatelli scored eight in the first quarter and finished with 16. But sophomore guard Danielle Wells kept Lakota West in the game in the face of Mason’s third-quarter rally by scoring six of her 14 in the final two minutes of the period.
“There was a whole lot of toughness in the way that (Danielle) played,” Lakota West coach Andy Fishman said. “I thought that the other girls rallied around that. When we made that run in the fourth quarter to retake the lead, we were following Danielle Wells’s leadership.”
View From the Sideline: “That was an incredibly good basketball game between two really good teams,” Fishman said. “They came back on us, we came back on them. There were multiple lead changes and little swings. I give Mason’s girls credit. They made big plays down the stretch. We made big plays, but we also made some mistakes.
“It’s a fun game. I’d love to win it, but I’m proud of the way our girls battled. We just have to get better at finishing plays.”
Matula added, “I told somebody beforehand, our two teams mirror each other when it comes to position players. Cannatelli probably gives them more of a 3-point threat than we really have, but really we have a lot of similar players.
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