McCabe v. Comm’r, Ind. Dep’t of Ins.

Following the death of his mother, Jeffery McCabe asserted a medical malpractice claim against his mother's medical care providers, who agreed to a settlement sufficient to allow McCabe to petition Indiana Patient's Compensation Fund for additional compensation. McCabe then filed an action pursuant to the Adult Wrongful Death Statute (AWDS), seeking additional recovery from the Fund for, inter alia, medical expenses and attorney fees. The trial granted granted partial summary judgment to the Fund, finding that the AWDS does not allow recovery of attorney fees. The court of appeals affirmed. The Supreme Court reversed the entry of partial summary judgment, holding that reasonable attorney fees incurred in the prosecution of an action under the AWDS are within the damages permitted by the statute. Remanded.