(Cal., filed July 13, 2018): Arguing that the lower court improperly allowed an insured plaintiff to recover medical damages based on billed charges when the plaintiff chose to receive treatment from a provider that takes a lien on tort recovery instead of seeking reimbursement from the insurer. California courts have previously concluded that billed medical charges do not reflect fair-market values and allowing evidence of billed charges as opposed to the amount actually paid provides a windfall for the plaintiff.
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]