News & Analysis as of

Medical Expenses Appeals

Rumberger | Kirk

Florida Supreme Court Could Finally Provide Clarity on Payment of Medical Expenses by Insurers under Florida PIP Statute

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The Florida Supreme Court heard arguments Wednesday, March 8, 2023, in the case of Allstate Insurance Co. et al. v. Revival Chiropractic LLC, case number SC22-735, regarding payment of medical expenses that could affect...more

Rumberger | Kirk

Eleventh Circuit Finds Medicare Secondary Payer Act Not Preempted by Procedural Requirements

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This past week, the United States Court of Appeals for the Eleventh Circuit held that private causes of action brought under the Medicare Secondary Payer Act (MSP Act) are not preempted by contractual and state procedural...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter: February 2020

Goulston & Storrs PC on

The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases.  Brother Gets the Cat – and Not Much Else - Where the decedent left his brother his “beloved old cat” and a small sum of money, and...more

ArentFox Schiff

Third Circuit Upholds Anti-Assignment Provision Barring Provider’s ERISA Suit Against Insurer

ArentFox Schiff on

The US Court of Appeals for the Third Circuit recently confirmed that “anti-assignment” provisions — provisions prohibiting insureds from assigning their rights under a health plan to third parties, including medical...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Clever Trial Tactic Meets Resistance at the South Carolina Court of Appeals

In a matter of first impression, the South Carolina Court of Appeals recently put the brakes on a successful trial strategy increasingly employed by the plaintiff’s bar. In the case of Gary Nestler and Julie Nestler v. Joseph...more

Miles & Stockbridge P.C.

Can Tort Victims Recover the Total Amount of Medical Expenses Billed?

Good news for defendants. The Court of Special Appeals recently decided that the Medicare Secondary Payer Act does not preempt the Maryland statute that allows post-trial motions to reduce judgments for past medical expenses....more

White and Williams LLP

Pennsylvania Supreme Court Declares Future Credit on Medical Benefits Dead

White and Williams LLP on

On June 19, 2018, the Pennsylvania Supreme Court decided Whitmoyer v. WCAB (Mountain Country Meats), No. 52 MAP 2017, 2018 Pa. Lexis 2995. The decision reversed longstanding Pennsylvania law and the Commonwealth Court’s...more

Hogan Lovells

Reconstructive surgery required to future medical expenses

Hogan Lovells on

Over the recent years, a lot has been said about the ever-increasing quantum of medical malpractice claims in South Africa in both the public and private sphere. In the public sector alone, the Gauteng Department of Health...more

Butler Snow LLP

Dedmon: The Destiny of “Reasonable” Medical Expenses in Tennessee

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Currently pending before the Tennessee Supreme Court is a case that could change the face of personal-injury litigation in the state. Accepted for review on October 24, 2016, Dedmon v. Steelman asks whether the amount billed...more

Pullman & Comley, LLC

The Ghost of Systems Past: “Big Data” Suits Loom, But Old Data Issues Remain Unresolved

Pullman & Comley, LLC on

2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more

Haight Brown & Bonesteel LLP

Value Paid by the Medical Lien Holder Alone Will Not Establish the Reasonable Value Medical Expenses

In Uspenskaya v. Meline (filed October 28, 2015), the California Court of Appeal for the Third District held that evidence of payments made by a medical lien holder offered to prove the reasonable value of medical services...more

Haight Brown & Bonesteel LLP

Re-Examining the Admissibility of Unpaid Medical Bills as Evidence

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015), the California Court of Appeal, Fourth District, held unpaid medical bills, joined with expert testimony regarding their reasonableness, were properly admitted and...more

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