Olsen v. Wis. Health Care Liability Ins.

1. Wendy Olsen and her sons, by their guardians, appeal an order awarding certain proceeds of a lawsuit to the Wisconsin Health Care Liability Insurance Plan and the Wisconsin Patients Compensation Fund (collectively, the Fund). The dispositive issue is whether the Fund has an enforceable contractual right to the proceeds. We conclude that it does, and therefore affirm.

2. Wendy Olsen suffered permanent brain damage during the birth of her twin sons. She later sued the nurse who administered too much anesthesia during the birthing operation and the hospital where the birth took place. The Fund insured the defendants.

3. The suit was subsequently settled for 1.7 million dollars. The Olsens signed a "Pierringer Release and Assignment of Claim" releasing the defendants from any further liability, and assigned to the Fund all of the Olsens' claims against any other parties.

4. The Fund then sued Ohmeda Corporation, the maker of the anesthesia machine used when Wendy received the overdose. The Fund also joined the Olsens as co-plaintiffs....

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¶12. The Olsens also advance equitable and public policy reasons why the trial court should not have ruled for the Fund. We find no public policy or equitable grounds to void the parties' contracts. The Olsens freely bargained to assign the Fund their claim against Ohmeda, and freely entered into the litigation agreement to share any money recovered from Ohmeda.

By the Court.-Order affirmed in favor of Plaintiff for $1,700,000.00.

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L. Hargraves