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INDIANA DEPT. OF INS. v. DOE

Court of Appeals Case No. 22A-CT-1276.

211 N.E.3d 1014 (2023)

INDIANA DEPARTMENT OF INSURANCE and Indiana Patient's Compensation Fund, Appellants-Defendants, v. Jane DOE and John Doe I, individually and as next friends and legal guardians of John Doe II, an unmarried minor, Appellees-Plaintiffs, and Jonathan Cavins and Board of Trustees of Anonymous Hospital, Appellees-Intervenors.

Court of Appeals of Indiana.

Filed June 2, 2023.

Attorney(s) appearing for the Case

Attorneys for Appellants: A. Richard M. Blaiklock , Wade D. Fulford , Michael D. Heavilon , Lewis Wagner, LLP, Indianapolis, Indiana.

Attorneys for Appellees Jane Doe, John Doe I, and John Doe II: Gabriel A. Hawkins , Gregory L. Laker , Cohen & Malad, LLP, Indianapolis, Indiana.

Attorneys for Appellee Board of Trustees of Anonymous Hospital: Brian L. Park , Norris Cunningham , Michael J. Blinn , Stoll Keenon Ogden PLLC, Indianapolis, Indiana.

Attorney for Appellee Jonathan Cavins1: Michael D. Conner , Spitzer Herriman Stephenson Holderead, Conner & Persinger, LLP, Marion, Indiana.

Statement of the Case

[1] Appellants, the Indiana Department of Insurance and the Patient's Compensation Fund, bring this interlocutory appeal from the trial court's denial of their motion for summary judgment on a claim for excess damages under the Medical Malpractice Act ("the Act") brought by Jane Doe and John Doe...

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