Litigation
Mar. 23, 2011
Using the Patient Protection and Accountable Care Act to Limit Future Medical Expense Damages
How will determination of future medical expenses be affected if insurers can no longer deny coverage based on a pre-existing condition? By H. Thomas Watson of Horvitz & Levy.
On March 14, the Court of Appeal published its decision in Behr v. Redmond. One interesting aspect of that opinion concerns the plaintiff's claim for future medical expense damages. Although the bulk of the plaintiff's recovery was ultimately reversed on appeal on substantial evidence grounds, the assertion of a new defense that was unavailable at the time of the Behr trial - under the federal Patient Protection and Accou...
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