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ROBERTSON v. B.O.

No. 49S04-1111-CT-671.

977 N.E.2d 341 (2012)

Stephen W. ROBERTSON, Indiana Commissioner of Insurance, as Administrator of the Indiana Patient's Compensation Fund and the Indiana Patient's Compensation Fund, Appellants (Defendants below), v. B.O., a Minor, by his Parents and Next Friends, Lisa A. Ort and Kevin C. Ort, Appellee (Plaintiff below).

Supreme Court of Indiana.

October 31, 2012.

Attorney(s) appearing for the Case

Susan E. Cline , Meggan Brumbaugh , Indianapolis, IN, Attorneys for Appellants.

Robert L. Thompson , F. John Rogers , Fort Wayne, IN, Richard L. Schultheis , Indianapolis, IN, Attorneys for Appellee.

Steven L. Langer , Tara M. Worthley , Valparaiso, IN, Attorneys for Amicus curiae The Indiana Trial Lawyer's Association.

Libby Y. Goodknight , Indianapolis, IN, Attorney for Amicus Curiae The Indiana State Medical Association.

On Petition to Transfer from the Indiana Court of Appeals, No. 49A04-1009-CT-528

MASSA, Justice.

In defending against a petition to recover excess damages arising from a medical malpractice action, may the Indiana Patient's Compensation Fund — after the healthcare provider settles with the plaintiff and admits liability — present evidence to dispute the existence or cause of the plaintiffs injury? In some types of cases, we have previously...

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