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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. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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