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BAUMGART EX REL. BAUMGART v. DEFRIES

No. 82A04-0605-CV-256.

888 N.E.2d 199 (2008)

Amelia R. BAUMGART, a minor, BY her Natural Parents and Next Friends, Kenneth C. BAUMGART and Janella S. Baumgart and Kenneth C. Baumgart and Janelle S. Baumgart, Individually, Appellants-Plaintiffs, v. Roy A. DEFRIES, M.D., and John M. Reid, M.D., Appellees-Defendants. v. James Atterholt, Commissioner of the Indiana Department of Insurance, Administrator of the Indiana Patient's Compensation Fund, Intervenor-Respondent.

Court of Appeals of Indiana.

Publication Ordered April 17, 2008.

Attorney(s) appearing for the Case

Ronald Warrum, H. Wayne Turpin, Evansville, IN, Attorneys for Appellants.

David C. Jensen, David J. Beach, Eichhorn & Eichhorn, LLP, Hammond, IN, Attorneys for Appellee Roy A. DeFries, M.D.

Fred S. White, Bamberger, Foreman, Oswald and Hahn, LLP, Evansville, IN, Attorney for Appellee John M. Reid, M.D.

Matthew W. Conner, Tabbert Hahn Earnest & Weddle, LLP, Indianapolis, IN, Attorney for Intervenor James Atterholt.

OPINION

VAIDIK, Judge.

Case Summary

A jury awarded Janella and Kenneth Baumgart $6.2 million in damages for the suffering of their daughter, Amelia, their emotional distress related to her injuries, and Amelia's wrongful death, all stemming from medical malpractice occurring during Amelia's 1990 birth. However, the trial court reduced the judgment to $750,000 plus prejudgment interest and attorneys' fees after determining that the Baumgarts could...

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