In the case of Shelton v. Kroger Limited Partnership I, in December 2012, Sharon Clearwaters died as a result of medical complications from taking the drug Levofloxacin. Shelton, the personal representative of Clearwater’s estates, would sue Dr. John Doe, ABC, Inc., and Kroger Limited Partnership I for damages because of her death. Dr. Doe and ABC were eventually dismissed from the potential trial court action after they settled with Shelton. Kroger would then file a motion for partial summary judgment after they claimed that they were entitled to a set off or credit for Shelton’s settlement with Dr. Doe and ABC. The trial court granted Kroger’s motion and Shelton appealed.

Shelton argued that Kroger was not immune from liability just because they had settled with the other parties and that the only way for Kroger to seek to limit its potential liability would be to name Dr. Doe and ABC as non-parties and ask the judge to apportion them fault. Kroger then argued that the trial court properly granted their motion because the Comparative Fault Act does not apply to cases involving claims of medical malpractice. Indiana courts have held that the Comparative Fault Act does not apply to an action brought against a qualified health care provider for medical malpractice. In this situation, because Kroger was not a qualified health care provider, it was not exempt from the Comparative Fault Act. The Indiana Court of Appeals held that Kroger was not entitled to their set-off or credit of settlement because of Shelton’s other settlements.

If you or a loved one have been affected by a medical malpractice accident or death, contact an experienced personal injury attorney at Hurst Limontes, LLC. We have decades of combined experience fighting for our clients in any number of personal injury claims. Call 317-636-0808 or email us for a FREE and confidential consultation.