PA Superior Court holds that future medical expenses in motor vehicle litigation are not subject to Act VI’s cost-containment provisions.

The Pennsylvania Superior Court held that in motor vehicle litigation, future medical expenses do not need to be reduced under Act VI before being presented to a jury. This decision provides the first appellate guidance on the issue. In the underlying case, the plaintiff was awarded $900,000 in future medical expenses. On appeal, the defendants alleged the trial court erred in failing to reduce the plaintiffs’ claimed future medical expenses as required under Act VI. The Farese court disagreed with the defendants’ argument, stating there existed no case law supporting the assertion that future medical expenses are subject to the cost-containment provisions of the MVFRL. The court agreed with prior federal decisions, which held that future medical expenses are not “payable” under the MVFRL and, thus, are not subject to Act VI reductions. The court quoted the case of Kansky v. Showman, 2011 U.S. Dist. LEXIS 38814 (M.D. Pa. 2011), holding that it was speculation to assume the future expenses will be paid because the "plaintiff’s insurer could become bankrupt, or deny future medical bills for a variety of reasons.”

Case Law Alerts, 1st Quarter, January 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.