Kentucky Revised Statutes Title XXVI. Occupations and Professions § 311.7709.Civil action for wrongful death of unborn child; damages, costs, fees; defense

(a) Damages in an amount equal to ten thousand dollars ($10,000) or an amount determined by the trier of fact after consideration of the evidence at the mother's election at any time prior to final judgment subject to the same defenses and requirements of proof, except any requirement of live birth, as would apply to a suit for the wrongful death of a child who had been born alive; and

(b) Court costs and reasonable attorney's fees.

(a) The court finds that the commencement of the action constitutes frivolous conduct;

(b) The court's finding in paragraph (a) of this subsection is not based on that court or another court determining that KRS 311.7705(1) or 311.7706(1) is unconstitutional; and

(c) The court finds that the defendant was adversely affected by the frivolous conduct;

the court shall award reasonable attorney's fees to the defendant.