October 14

Discovery Relating To The Reasonable Value Of Medical Services: Children’s Hospital (June 2014)

Discovery Relating To The Reasonable Value Of Medical Services: <em>Children’s Hospital</em> (June 2014)

Two recent appellate decisions, Dodd and Children’s Hospital, discuss whether defense counsel can discover the actual amount charged and not just the amount billed by third party factoring companies, lien holders, or insurance companies to medical providers for medical expenses incurred by a plaintiff. In Dodd, the court ultimately held that evidence of a medical care provider’s acceptance of a discounted amount was relevant to prove past medical expenses. While Dodd has been depublished, Children’s Hospital restores that ruling in the context of a hospital-insurance provider relationship.

Ninth Circuit Appellate News: Rule 39 “Costs” Do Not Include Attorney’s Fees

In a recent decision from the Ninth Circuit Court of Appeals, Family PAC v. Ferguson, the Court held, as a matter of first impression, that “the term ‘costs’ under Rule 39 of the Federal Rules of Appellate Procedure does not include attorney’s fees recoverable as part of costs under 42 U.S.C. § 1988 and similar statutes.”[i] The decision leaves unanswered an important question: what was the Ninth Circuit referring to in the phrase “similar statutes?” This uncertainty begs further clarification which will undoubtedly be revealed through future litigation. The decision continues a circuit split on the issue which may require intervention by the United States Supreme Court.

An Unusual Tribute From Opposing Counsel

It was high praise from opposing counsel — a not-frequent-enough occurrence in the legal industry. That’s what Berman, Berman, Berman, Schneider & Lowary’s Stephanie Schneider received from attorney John F. Stewart of Covina, California, following a resolution in the case of Bobbie Warburton vs. E.B. Janitorial, Inc., et al.