In the absence of concrete guidance from any appellate decisions, Lackawanna County Common Pleas Judge Terrence P. Nealon recently laid down a framework for handling the application of the provisions of Act 6 to future medical expenses in trials of motor vehicle accident cases.
Following a jury verdict awarding a plaintiff $125,000 for future medical expenses, the defense filed a motion seeking to mold that portion of the jury award to a lesser amount on several grounds. First, it was asserted that such award was required to be reduced in accordance with the Act 6 cost containment provisions under 75 Pa.C.S.A. Section 1797(a) and thereafter offset by the plaintiff’s remaining first party (PIP) medical benefits under 75 Pa.C.S.A. Sections 1712(1) and 1715(a)(1). The defense also argued that the plaintiff was likewise precluded from recovering any future medical expenses award that may have still been remaining after this initial reduction and application of the offset because such future expenses were “payable” under the plaintiff’s private health insurance in any event.
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