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[SUPREME] In the Matter of the Certified Question: Jeffrey Cutchin as Personal Representative of the Estates of Claudine Cutchin and Adelaide Cutchin v. Stephen Robertson, Commissioner of the Indiana Department of Insurance, Administrator of the Indiana

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Thursday, May 20, 2021 9:00am to 9:40am

[SUPREME] In the Matter of the Certified Question:  Jeffrey Cutchin as Personal Representative of the Estates of Claudine Cutchin and Adelaide Cutchin v. Stephen Robertson, Commissioner of the Indiana Department of Insurance, Administrator of the Indiana
Statehouse, Supreme Court Courtroom, 200 West Washington Street, Indianapolis, IN 46204

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Due to the COVID-19 pandemic, access to the Courtroom will be limited to the Justices, limited Court personnel, and no more than two attorneys per arguing party.  (Litigants and other interested parties are invited to view the argument by live webcast outside the Courtroom or remotely.)

Jeffrey Cutchin filed a proposed medical malpractice complaint with the Indiana Department of Insurance against a physician who had prescribed medications to the driver of a vehicle involved in an accident that killed Cutchin’s wife and daughter. Cutchin reached a settlement with the physician and medical clinic for their maximum liability under the Indiana Medical Malpractice Act. Cutchin then filed a petition in federal district court seeking excess damages from the Indiana Patient’s Compensation Fund. The United States District Court for the Southern District of Indiana entered summary judgment for the Fund. Cutchin v. Indiana Dep’t of Ins., 446 F. Supp. 3d 413 (S.D. Ind. 2020).

On Cutchin’s appeal, the United States Court of Appeals for the Seventh Circuit certified two questions to the Indiana Supreme Court: “1. Whether Indiana’s Medical Malpractice Act prohibits the Patient’s Compensation Fund from contesting the Act’s applicability to a claim after the claimant concludes a court-approved settlement with a covered health care provider. 2. Whether Indiana’s Medical Malpractice Act applies to claims brought against qualified health care providers for individuals who did not receive medical care from the provider, but who are injured as a result of the provider’s negligence in providing medical treatment to someone else.” Cutchin v. Robertson, 986 F.3d 1012, 1029 (7th Cir. 2021). The Indiana Supreme Court has accepted the certified questions. 

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