Brittney Keisler, Individually And As Natural Parent And Next Friend Of Lilee Keisler v. Indiana Department Of Insurance Patient's Compensation Fund c/o Holly W. Lambert

── Brittney Keisler, Individually And As Natural Parent And Next Friend Of Lilee Keisler v. Indiana Department Of Insurance Patient's Compensation Fund c/o Holly W. Lambert ── Court: Indiana Court of Appeals Date: May 18, 2026 Author: Paul Mathias Category: General IN THE Court of Appeals of Indiana Brittney Keisler, Individually and as Natural Parent and Next Friend of Lilee Keisler, Deceased, FILED May 18 2026, 8:54 am Appellants-Petitioners CLERK Indiana Supreme Court Court of Appeals and Tax Court v. Indiana Department of Insurance Patient’s Compensation Fund c/o Holly W. Lambert, Commissioner, Appellee-Respondent May 18, 2026 Court of Appeals Case No. 25A-CT-2034 Appeal from the Marion Superior Court The Honorable Timothy W. Oakes, Judge Trial Court Cause No. 49D02-2501-PL-004309 Opinion by Judge Felix Court of Appeals of Indiana | Opinion 25A-CT-2034 | May 18, 2026 Page 1 of 21  Judge Mathias concurs. Judge May dissents with a separate opinion. Felix, Judge. Statement of the Case [1] Brittney Keisler’s newborn Lilee Keisler-Rushton died after health care providers failed to timely notify Keisler that Lilee had a genetic condition that could be fatal if left untreated. After settling with the health care providers for the maximum amount allowed under the Indiana Medical Malpractice Act (the “MMA”), Keisler petitioned for excess damages from the Indiana Department of Insurance Patient’s Compensation Fund (the “Fund”) for Lilee’s death and Keisler’s emotional distress. The Fund settled Keisler’s claim concerning Lilee’s death. Keisler filed a motion for summary judgment on her emotional distress claim, arguing she was entitled to additional damages thereon because it was separate and distinct from her wrongful death claim. The trial court disagreed and denied the motion. Keisler now appeals and raises one issue for our review: Whether the trial court erred by denying Keisler’s summary judgment motion. [2] We affirm. Court of Appeals of Indiana | Opinion 25A-CT-2034 | May 18, 2026 Page 2 of 21  Facts and Procedural History [3] On October 29, 2018, Keisler gave birth to Lilee at Hendricks Regional Health. On October 31, Lilee was discharged from Hendricks Regional Health, and her newborn screening results were still pending. On November 3, Doctor Donald McIntire, Lilee’s pediatrician, was notified of Lilee’s screening results, which were positive for galactosemia. 1 That same day, Dr. McIntire attempted to notify Keisler of the results but was unsuccessful. It was not until November 5, when Keisler brought Lilee to her previously scheduled appointment with Dr. McIntire, that he informed Keisler of the results. By that time, Lilee was already critically ill, so Dr. McIntire arranged for Lilee to be admitted to Peyton Manning Children’s Hospital at Ascension St. Vincent. At Dr. McIntire’s direction, Keisler drove Lilee to Peyton Manning Children’s Hospital. The next day, November 6, Lilee died from metabolic acidosis, severe sepsis, and multi-system organ failure. [4] After going through the Medical Review Panel proces