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INDIANA PATIENT'S COMPENSATION v. HOLCOMB

No. 49S05-1404-CC-209.

17 N.E.3d 255 (2014)

INDIANA PATIENT'S COMPENSATION FUND, Appellant (Respondent), v. Judy HOLCOMB, Personal Representative of the Estate of Mable Louise Cochran, Deceased, Appellee (Petitioner).

Supreme Court of Indiana.

August 26, 2014.

Attorney(s) appearing for the Case

Susan E. Cline , Lewis Wagner, LLP, Indianapolis, IN, Attorney for Appellant.

Robert W. Johnson , Johnson Jensen LLP, Indianapolis, IN, Attorney for Amicus Curiae Indiana Trial Lawyers Association.

George C. Gray , Daniel L. Robinson , Gray Robinson Ryan & Fox, P.C., Indianapolis, IN, Attorneys for Appellee.

On Transfer from the Indiana Court of Appeals, No. 49A05-1207-CC-340

DICKSON, Justice.

This case presents a question of first impression: whether Indiana's Medical Malpractice Act's cap on attorney fees from a Patient Compensation Fund award also applies to reduce the Fund's liability. In this adult wrongful death medical malpractice case, the trial court ordered payment by the Fund to the Estate, without any reduction to reflect the limitation on attorney...

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