Hematology-Oncology of Ind. v. Fruits, 950 N.E.2d 294 (Ind. 2011)
N/AOUTCOME: See below
A nurse for an onocology practice administered the wrong chemotherapy drug to a 63 year old female patient, a Stage III-a lung cancer patient. The mistaken drug (Rituxan) was meant for another patient ... who had non-Hodgkins lymphoma. Six days after receiving the Rituxan, Bettie Cadou died of overwhelming sepsis. Bettie was in her second week of a 6 week chemo regimen and died as a single adult with no dependents. Despite the obvious medical malpractice, the medical provider defended the case arguing the Rituxan was not a factor in her death. The defendant hired two experts in addition to one panel member who found the Rituxan was not a causative factor. Because Rituxan is a relatively new drug and never given lung cancer patients, there was very little data available to determine its role in Bettie’s death. After a three day jury trial in Marion County, the jury returned a verdict for $229,000 for Bettie’s three surviving adult children. - After the trial, a petition for attorney fees and costs was filed under the General Wrongful Death Statute (GWDS – Ind. Code § 34-23-1-1) arguing that the Adult Wrongful Death Statute (AWDS – Ind. Code § 34-23-1-2) was a supplement to and should be applied in conjunction with the GWDS. Judge Robin Moberly agreed and granted Bob’s petition. Defense counsel appealed this issue. The Court of Appeals affirmed the trial court. On a petition to transfer and after oral argument in front of the Indiana Supreme Court, the trial court was affirmed in June 2011.