Mass Torts Litigation

Authors: James M. Beck

Jim Beck’s article, “Medical Discounts Produce Judicial Discord,” appeared in the American Bar Association (ABA) Mass Torts Litigation Committee’s Winter 2015 newsletter. The article discusses the growing issue of medical discount valuation in mass tort and other types of litigation. With the continuing national shift towards third-party payor insurance, courts are having to determine how much money a plaintiff is actually eligible to recover in each instance of litigation involving alleged medical damages. Jim notes that the disparities between the amounts nominally charged by health care providers and the amounts actually collected in full by providers are large and growing, and courts in certain states such as Pennsylvania and California have taken these disparities into account by limiting the money a plaintiff can recover to the amount the payor actually paid – not the amount the provider billed.

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