Indiana Patient's Compensation Fund v. Brown
2011 Ind. LEXIS 573
| Ind. | 2011Background
- plaintiff Barbara Frieden's estate received a medical malpractice settlement; plaintiff Brown sought AWDS damages beyond $250,000 future settlement value; Indiana Patient's Compensation Fund contested awards for administration expenses, contingent attorney fees, and loss of services; trial court awarded the full AWDS damages offset by the settlement set-off; Court of Appeals affirmed; Supreme Court granted transfer and held AWDS permits these damages; opinions in McCabe and Hematology-Oncology decisions support attorney fees and litigation expenses as recoverable under AWDS; dissent noted disagreement about loss of services and separate recovery of attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AWDS allows expenses of administration | Brown argues AWDS includes administration costs. | Fund argues administration costs are not recoverable. | Yes, recoverable under AWDS. |
| Whether AWDS permits contingent attorney fees | Brown contends attorney fees are recoverable under AWDS. | Fund contends not explicitly recoverable. | Yes, recoverable under AWDS. |
| Whether AWDS permits loss of services damages | Loss of services is pecuniary loss under AWDS if proven. | Fund argues loss of services not available under AWDS. | Yes, recoverable under AWDS. |
| Whether set-off against settlement affects AWDS recovery | Value of settlement should offset AWDS award. | Set-off applied to reduce damages. | Set-off applied; AWDS damages awarded with set-off. |
Key Cases Cited
- Brown v. State, 934 N.E.2d 168, 934 N.E.2d 168 (Ind.Ct.App.2010) (damages under AWDS are compensation for actual pecuniary losses including fees and costs)
- Durham ex rel. Estate of Wade v. U-Haul Int'l, 745 N.E.2d 755, 745 N.E.2d 755 (Ind.2001) (illustrates compensatory nature of wrongful death damages)
- Estate of Kuba v. Ristow Trucking Co., Inc., 508 N.E.2d 1, 508 N.E.2d 1 (Ind.1987) (focus on pecuniary loss framework under wrongful death statutes)
- McCabe v. Comm'r, Ind. Dep't of Ins., 949 N.E.2d 816, 949 N.E.2d 816 (Ind.2011) (attorney fees recoverable under AWDS per majority ruling)