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The lawsuit alleges the owners have been operating the parks without proper licensing and continuing to charge residents for rent and utilities despite failing to comply with Indiana Department of Health standards.
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.
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