Indiana Patient's Compensation Fund v. Judy Holcomb - 3/19/13

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Tuesday  March 19, 2013 
10:30 AM  EST

10:30 a.m. 49A05-1207-CC-340. In an action for excess damages, the Indiana Patient’s Compensation Fund paid $101,166.89 to the estate of Mable Cochran for damages arising from her wrongful death.  The issue of attorney’s fees was submitted separately to the trial court, which ordered the Fund to pay an additional $50,440.00 in reasonable attorney’s fees as part of the damages suffered by the estate.  The Fund appeals, contending the attorney’s fees award should have been limited pursuant to Indiana Code section 34-18-18-1 to fifteen percent of the recovery.

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