• Practical Defense Considerations: Building the Foundation to Apply the ACA to Reduce Future Damages
  • January 30, 2017 | Author: Leslie M. Jenny
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Cleveland Office
  • Lawyers handling catastrophic injury cases have closely followed the emerging body of case law regarding the impact, if any, of the Affordable Care Act (ACA) on claims for future damages. Before the ACA, it was uncertain whether injured individuals would have health insurance in the future. Consequently, in most jurisdictions, the collateral source rule prevented defendants from arguing that a plaintiff’s future damages should be reduced because he or she has health insurance. Plaintiffs’ attorneys could therefore present essentially unrequited evidence projecting the cost of a plaintiff’s medical expenses into the future. These projections, primarily in life care plans, are generally the single largest financial component of damage claims. Such plans often project massive expenses that can drive equally massive jury verdicts.