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FOR PUBLICATION
ATTORNEY FOR APPELLANT: JAMES H. YOUNG Young & Young Indianapolis, Indiana ATTORNEYS FOR APPELLEES: A. RICHARD M. BLAIKLOCK STEPHANIE L. CASSMAN Lewis Wagner, LLP Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JAMES BUTLER, Personal Representative of the Estate of NONDIS JANE BUTLER, Deceased, Appellant-Plaintiff, vs. INDIANA DEPARTMENT OF INSURANCE, Administrator of the PATIENT COMPENSATION FUND, and CLARIAN HEALTH PARTNERS, INC., Appellees-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 49A05-0612-CV-742

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Cynthia Ayers, Judge Cause No. 49D04-0512-CT-049754

October 22, 2007 OPINION - FOR PUBLICATION

BAKER, Chief Judge

Appellant-plaintiff James Butler, as the personal representative of the Estate of Nondis Jane Butler (the Estate), appeals from the trial court's judgment in favor of appelleesdefendants Indiana Department of Insurance, as the administrator of the Patient Compensation Fund, and Clarian Health Partners, Inc. (Clarian) (collectively, the Fund). Specifically, the Estate argues that (1) the trial court erroneously admitted evidence regarding payments and benefits from Medicare and Medicaid in violation of the collateral source rule,1 and (2) the trial court erred by denying the Estate's request to recover Nondis's unpaid medical expenses pursuant to the Indiana Adult Wrongful Death Statute 2 (AWDS). We conclude that the trial court properly admitted evidence regarding the medical provider write-offs involving Medicare and Medicaid and any error resulting from the admission of the Medicare and Medicaid payments was harmless. We also conclude that, as a matter of law, the Estate was only entitled to recover the amount of actual pecuniary loss incurred as a result of Nondis's medical expenses; therefore, the trial court properly denied its claim for additional compensation, and we affirm the judgment of the trial court. FACTS Nondis was born on September 7, 1968. On October 12, 2004, she filed a proposed complaint with the Department of Insurance against Clarian and various medical practitioners, alleging medical negligence. Specifically, Nondis alleged that the defendants failed to recognize, diagnose, treat and/or inform Nondis that she had several masses in her

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