Gregory Pike and Ryan Vlasak Author Article on Hanif / Nishihama Reductions For Medical Expenses
Knox Ricksen partner Gregory D. Pike and associate Ryan J. Vlasak authored an article concerning the reasonable value of medical services recently published in Association of Defense Counsel of Northern California and Nevada Defense Comment. The article provides thoughtful insight and practical tips for attorneys confronted with cases involving medical expenses that may be subject to reduction post-verdict as a result of the recent Third District Court of Appeal decision of Greer v. Buzgheia (2006) 141 Cal. App. 4th 1150.
Counsel bring Hanif/Nishihama motions in personal injury actions to reduce the plaintiff’s verdict by the difference between the full market rate of medical services provided to the plaintiff and the contractual discounted rate paid out by the plaintiff’s provider of medical benefits. The difference can be substantial and Hanif/Nishihama motions become particularly important when an insured plaintiff has undergone prolonged medical treatment at great cost. Recent reference by plaintiffs’ attorneys to Greer to oppose Hanif/Nishihama motions is unfounded. Rather than contravening Hanif or Nishihama, Greer serves more as a footnote to them, holding narrowly that a plaintiff’s full market rate medical costs are admissible into evidence in the first place and that verdict forms should distinguish medical expenses from other economic damages for post-verdict Hanif/Nishihama motions to be successful. Hanif and Nishihama remain good law after Greer.
For more information regarding this article or legal services provided by Knox Ricksen LLP, please contact Gregory D. Pike
