Mark S. Weinberger, M.D. v. Estate of Phyllis R. Barnes, By Peggy Hood, as Personal Representative, Joe Clinkenbeard, P.A., Stephen W. Robertson

OPINION

FRIEDLANDER, Judge.

In Indiana, Ind.Code Ann. § 34-51-3-6 (West, Westlaw current with all 2018 legislation) allocates the lion's share of punitive damage payments to the State. In this case, we must decide whether the statute empowers the State to intervene in otherwise private litigation, ostensibly to protect its interest in a punitive damage award. Concluding that I.C. § 34-51-3-6 confers no such authority, and acknowledging that the only proper parties to this litigation have reached a post-trial settlement agreement, we dismiss.

In September 2001, Phyllis Barnes was seen by Mark S.…