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Chamberlain v. Walpole2/24/2005
224 (Ind. Ct. App. 2003), a different panel of the Court of Appeals (Judges Ratliff, Robb, and Vaidik) recently rejected the contention that the MMA created a claim for death of a fetus even though, as recently held in Bolin v. Wingert, 764 N.E.2d 201, 203 (Ind. 2002), no such claim could be pursed under the Child Wrongful Death Act. I.C. ยง 34-18-1-1. We agree with the analysis of the Breece panel and therefore today deny the pending petition for transfer in that case.
Conclusion
The decision of the trial court is reversed. This case is remanded for proceedings consistent with this opinion.
Shepard, C.J., and Dickson, Sullivan, and Rucker, JJ., concur.
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