May 18, 2026

Court of Appeals of Indiana
Brittney Keisler, Individually and as Natural Parent and Next Friend of Lilee Keisler, Deceased v. Indiana Department of Insurance Patient’s Compensation Fund c/o Holly W. Lambert, Commissioner
No. 25A-CT-2034

Appeal from the Marion Superior Court, Judge Timothy W. Oakes. Affirms the trial court’s denial of Brittney Keisler’s motion for summary judgment. Keisler sought excess compensation from the Indiana Department of Insurance Patient’s Compensation Fund after settling a wrongful death claim for her daughter Lilee’s death due to alleged medical malpractice. Keisler argued that her emotional distress claim was separate; however, the court ruled that her emotional distress arose from Lilee’s death and thus was not distinct. The ruling followed precedent indicating that damages from malpractice are capped based on the actual victims, reaffirming that Keisler’s recovery is limited to one statutory cap as she was not the “actual victim” of the malpractice. Judge Felix authored the opinion, with Judge Mathias concurring and Judge May dissenting. Judge May concluded Keisler was not merely a third-party claimant grieving her daughter’s death, but also a traditional patient whose own providers breached duties owed directly to her by failing to correct their breastfeeding instructions after learning of the infant’s galactosemia diagnosis. May reasoned that Keisler’s emotional injury stemmed from unknowingly becoming “the unwitting physical instrument” of her daughter’s harm while relying on her providers’ medical advice, making her an actual victim of malpractice entitled to a separate statutory damages cap under the Medical Malpractice Act. May would have reversed and remanded for entry of judgment in Keisler’s favor on the statutory cap issue. Attorneys for appellants: Hannah K. Brady, Michael E. Simmons, Hume Smith Geddes Green & Simmons LLP, Indianapolis, Indiana; Andrea R. Simmons, Cohen & Malad LLP, Indianapolis, Indiana. Attorneys for appellees: Office of the Indiana Attorney General.

Court of Appeals of Indiana
Jennifer Lynn Goetz, Appellant/Cross-Appellee-Respondent v. James L. Goetz, Appellee/Cross-Appellant-Petitioner
No. 25A-DC-2101

Appeal from the Hendricks Superior Court, Judge Mark A. Smith. In this post-dissolution proceeding, Mother appealed the trial court’s denial of her motion to modify school placement, calculation of Father’s income for child support, denial of attorney’s fees, and contempt finding. Father cross-appealed, questioning the denial of his request for sole legal custody regarding educational decisions. The court affirmed Mother’s claims but reversed the joint legal custody order, concluding it imposed an intolerable situation due to ongoing conflict between the parents. Consequently, Father was awarded sole legal custody on educational decisions while joint custody was maintained for non-educational matters. Judge Vaidik authored the opinion, with Judges Bailey and Scheele concurring. Appellant appeared pro se. Attorney for appellee: Melinda O’Dell, O’Dell Family Law LLC, Brownsburg, Indiana.

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