Personal Injury Plaintiffs Can't Recoup Fee Discounts: Court

Law360, New York (August 18, 2011, 6:13 PM EDT) -- Plaintiffs in personal injury cases cannot recoup the total amount billed for medical fees if they received a discount through an agreement between their medical provider and insurer, the California Supreme Court said in a precedent-setting decision Thursday.

The ruling reverses a 2009 Fourth Appellate District decision finding that plaintiff Rebecca Howell was entitled to the full amount of past medical expenses she incurred, about $190,000, under collateral source rule, which prevents damage deductions when a third party provides compensation for the plaintiff's injuries.

“The collateral...
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