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Law firm sued over med-mal fees prevails on appeal

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An Indianapolis law firm was properly granted summary judgment in a lawsuit brought by a former client in a medical malpractice lawsuit, the Indiana Court of Appeals ruled Wednesday.

Rogelio Garcia sued the firm claiming breach of contract and illegal fee collections in Rogelio Garcia v. Garau Germano Hanley & Pennington, P.C., 49A02-1401-PL-7. Garcia sued after his then-wife, Renee, gave birth to a child in May 2001 who died less than a year later while receiving medical care. The couple retained GGHP to sue their son’s doctor.

The case was settled in 2008 with the Garcias receiving $250,000 from the doctor – the maximum allowed by statute – and the Patient’s Compensation Fund paying the Garcia’s the maximum $1 million. The fund paid $900,000 up front and $100,000 in an annuity. The law firm took $62,333 of the doctor’s payment – one-third of the value of the current settlement as allowed by statute.

GGHP also took 15 percent of the fund settlement as law allows, plus another $124,668 it determined it was entitled to receive, collecting fees of $337,001 on a total present value recovery of $1,137,001.

“This amount was authorized under the contract. The manner in which GGHP accounted for its fee adjustment does not compel a conclusion that GGHP took a share of the Fund settlement above the fifteen percent permitted by statute,” Senior Judge Betty Barteau wrote for the panel, citing  In re Stephens, 867 N.E.2d 148, 155-156 (Ind. 2007).



 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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