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PATIENT'S COMPENSATION FUND v. BROWN

No. 49S02-1106-CT-388.

949 N.E.2d 822 (2011)

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

Supreme Court of Indiana.

June 29, 2011.

Attorney(s) appearing for the Case

Matthew W. Conner , Bose McKinney & Evans, LLP, Indianapolis, IN, Attorney for Appellant.

James A. Mellowitz , PC, Mellowitz & Hanefeld, 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.

DICKSON, Justice.

The Indiana Patient's Compensation Fund challenges a final judgment in the sum of $278,377.55 against it on grounds that the judgment includes sums for expenses of administration, contingent attorney fees, and loss of services that are not recoverable under the Indiana Adult Wrongful Death Statute ("AWDS"), Ind. Code § 34-23-1-2. The Court of Appeals rejected the Fund's arguments and affirmed the trial court. Ind. Patient's Comp. Fund v....

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