Atterholt v. Herbst, 907 N.E.2d 528 (Ind. 2009)
Description of Case/Issues on Appeal: Ms. Goldman and Ms. Knotts represented the Commissioner of the Department of Insurance as administrator of the Indiana Patient’s Compensation Fund (PCF) in clarifying the right of the PCF to introduce evidence of a patient’s pre-existing risk of harm which is relevant to establish the amount of damages in an excess damage claim brought against the PCF. The trial court excluded evidence of the claimant’s prior illness on the basis that it addressed liability or causation issues foreclosed by the claimant’s settlement of his medical malpractice claim against his health care providers. Ms. Goldman argued the case before the Indiana Supreme Court.
Smith v. Champion Trucking Co. , 901 N.E.2d 620 (Ind. Ct. App. 2009), trans. granted
Description of Case/Issues on Appeal: Ms. Goldman and Mr. Craver served as amicus counsel for the Defense Trial Counsel of Indiana in this worker’s compensation case. The case involves Ind. Code § 22-3-2-13 and the termination of worker’s compensation liability of an employer and its insurer upon settlement of a third party lawsuit by the employee obtained without consent of the employer. The Court of Appeals held the employee can proceed with the workers’ compensation claim which was pending at the time of settlement. The Indiana Supreme Court granted transfer on June 16, 2009. Mr. Craver argued the case before the Indiana Supreme Court.
Spaulding v. Harris, 914 N.E 2d 820(Ind. Ct. App. 2009)
Mr. Getty and Ms. Goldman represented the defendant in a medical malpractice case arising from the alleged improper monitoring of a patient’s INR levels. Judgment was entered for the defendant. The primary issue raised by the plaintiffs on appeal was whether medical evidence was improperly excluded by the trial court. The court of appeals affirmed the defense verdict.