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ROBERTSON v. B.O.

No. 49S04-1111-CT-671.

977 N.E.2d 341 (2012)

Stephen W. ROBERTSON, Indiana Commissioner of Insurance, as Administrator of the Indiana Patient's Compensation Fund and the Indiana Patient's Compensation Fund, Appellants (Defendants below), v. B.O., a Minor, by his Parents and Next Friends, Lisa A. Ort and Kevin C. Ort, Appellee (Plaintiff below).

Supreme Court of Indiana.

October 31, 2012.

Attorney(s) appearing for the Case

Susan E. Cline, Meggan Brumbaugh, Indianapolis, IN, Attorneys for Appellants.

Robert L. Thompson, F. John Rogers, Fort Wayne, IN, Richard L. Schultheis, Indianapolis, IN, Attorneys for Appellee.

Steven L. Langer, Tara M. Worthley, Valparaiso, IN, Attorneys for Amicus curiae The Indiana Trial Lawyer's Association.

Libby Y. Goodknight, Indianapolis, IN, Attorney for Amicus Curiae The Indiana State Medical Association.

On Petition to Transfer from the Indiana Court of Appeals, No. 49A04-1009-CT-528

MASSA, Justice.

In defending against a petition to recover excess damages arising from a medical malpractice action, may the Indiana Patient's Compensation Fund — after the healthcare provider settles with the plaintiff and admits liability — present evidence to dispute the existence or cause of the plaintiffs injury? In some types of cases, we have previously...

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