Hematology-Oncology of Indiana, P.C. v. Fruits
2011 Ind. LEXIS 569
| Ind. | 2011Background
- Plaintiff Hadley W. Fruits, as personal representative for the estate of Elizabeth Ann Cadou, sues Hematology-Oncology of Indiana, P.C. for wrongful death and medical malpractice.
- Action brought under Indiana's Adult Wrongful Death Statute (AWDS) and Medical Malpractice Act (MMA); AWDS damages include medical, hospital, funeral expenses and loss of love and companionship.
- Jury awards damages of $229,148; plaintiff seeks additional attorney fees and litigation expenses totaling $108,509.95.
- Trial court awards attorney fees and expenses; defendant argues MMA cap of $250,000 and 15% Fund limitation should apply; controversy over recoverability of attorney fees under AWDS.
- Indiana Court of Appeals affirmed; Supreme Court grants transfer, affirms recoverability under AWDS, remanding to limit aggregate liability to $250,000 under MMA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are attorney fees and expenses recoverable under AWDS? | Fruits argues AWDS allows reasonable attorney fees as damages. | Hematology-Oncology contends AWDS does not authorize fees as damages. | Yes; fees are recoverable under AWDS. |
| Does MMA cap affect the AWDS attorney fee award? | Cap applies to total recovery; award should be within $250,000 plus any AWDS fees. | Aggregate liability limited to $250,000; fee portion may be allocated to Fund under MMA. | Aggregate judgment limited to $250,000 for the jury verdict plus a portion of fees. |
| Is the 15% MMA limitation applicable to all attorney fees from any award or only to fees paid from the Fund? | 15% applies to fees from the Fund; does not restrict initial fees from the first $250,000. | 15% applies to all attorney fees from any award. | 15% limitation applies to fees paid from the Fund, not to the initial $250,000 allocation. |
Key Cases Cited
- McCabe v. Comm'r, Ind. Dep't of Ins., 949 N.E.2d 816 (Ind.2011) (attorney fees incurred under AWDS are within the statute's damages)
- Matter of Stephens, 867 N.E.2d 148 (Ind.2007) (15% limitation on attorney fees from Fund; first $250,000 not from Fund)
- Johnson v. St. Vincent Hosp., Inc., 404 N.E.2d 585 (Ind.1980) (interpretation of MMA fee limitations; relation to first $250,000)