ILNews

COA affirms when interest on payments from state fund begins to accrue

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed the trial court ruling in a dispute over what interest rate is charged and when it begins to accrue on payments due from the Indiana Patient’s Compensation Fund to successful medical malpractice claimants.

M.O. won a medical malpractice lawsuit and was awarded $1.25 million by the jury. The health care provider paid $250,000, so M.O. added the Indiana Patient’s Compensation Fund as a party to recover the remaining judgment. In June 2011, the trial court ordered the fund to pay M.O. $1 million, which it did in September 2011. Then M.O. filed a motion for postjudgment interest; the trial court held M.O. is entitled to interest at an 8 percent rate to be paid by the fund and it began accruing as of Jan. 15, 2011.

M.O. and the fund believe different statutes apply regarding the correct postjudgment interest rate. M.O. argued that Indiana Code 34-13-3-18 (1998) is appropriate; the fund claimed that I.C. 24-4.6-1-101 (1993), the statute the trial court relied on, is the correct statute.

In M.O. v. Indiana Dept. of Insurance, Indiana Patient's Compensation Fund, No. 53A05-1112-PL-682, the COA relied on Poehlman v. Feferman, 717 N.E.2d 578 (Ind. 1999), to affirm the trial court ruling. I.C. 24-4.6-1-101 applies to M.O.’s case, Senior Judge John Sharpnack wrote, and that statute dictates that 8 percent is the correct postjudgment interest. The judges also cited Poehlman to support the trial court’s finding that Jan. 15, 2011, is the correct date for interest to begin accruing. In Poehlman, the Supreme Court concluded that postjudgment interest accrues upon the fund’s liability for damages “beginning on the first biannual payment date applicable to the claim.”

A patient that seeks payment from the fund must send a certified copy of the final judgment to the fund. Once the fund agrees to or is ordered to pay a patient’s claims for damages, the commissioner of the Department of Insurance submits a voucher to the auditor of the state, who issues payments from the fund biannually.

M.O. submitted a certified copy of the jury verdict against the health care provider to the fund on Oct. 12, 2010. The next payment date under Indiana Code 34-18-6-4 was Jan. 15, 2011.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT