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INDIANA PATIENT'S COMPENSATION v. BROWN

No. 49A02-1001-CT-80.

934 N.E.2d 168 (2010)

INDIANA PATIENT'S COMPENSATION FUND, Appellant-Defendant, v. Beverly S. BROWN, as Executor of the Estate of Barbara J. Frieden, deceased, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 17, 2010.

Attorney(s) appearing for the Case

Matthew W. Conner , Tabbert Hahn Earnest & Weddle, LLP, Indianapolis, IN, Attorney for Appellant.

James A. Mellowitz , Robert W. York & Associates, Indianapolis, IN, Attorney for Appellee.

Robert W. Johnson , Nicholas F. Baker , The Hastings Law Firm, Indianapolis, IN, Attorneys for Amicus Curiae, Indiana Trial Lawyers Association.

OPINION

CRONE, Judge.

Case Summary

Beverly Brown, as executor of the estate of Barbara Frieden, settled a medical malpractice claim for the statutory limit and then petitioned the Indiana Patient's Compensation Fund ("the Fund") for additional compensation. The trial court awarded $278,377.55, which included compensation for attorney fees, litigation costs, estate administration costs, and loss of services to Frieden's parents. The Fund contends...

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