Affordable Care Act

Marshall Dennehey has a set of skilled professionals who are educated and experienced with litigation involving catastrophic future damages and the application of arguments and legislation, including the Affordable Care Act (ACA), to reduce future damages.

In years past, it was uncertain whether injured individuals would have health insurance to cover their ever growing health care costs in the future. Consequently, in most jurisdictions, the applicable rule of law has prevented the argument that future damages should be reduced because of the availability of health insurance. Thus, in such cases, damages have remained essentially unrebutted, and the law has permitted such unrebutted damage projections to be calculated into the future. These projections, primarily in the form of 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.

Since the rollout of the ACA, along with its mandate that Americans obtain health insurance or face penalties, interested parties have anticipated rulings on what impact, if any, the ACA will have on awards on future damages pursuant to life care plans. Our team of medical malpractice and catastrophic injury defense lawyers are knowledgeable of the legal intricacies to effectively reduce future damages under the ACA.

Marshall Dennehey is at the forefront of reducing future damages under the ACA. The skillful arguments and strategies utilized by our attorneys resulted in one of the first written judicial opinions in favor of the defense on this issue nationwide. We contribute articles to the medical-legal community and speak at seminars, conferences and webinars at the national and local levels on this topic.

Our clients look to us to effectively counsel and advise them on the issue of reduction of future damages pursuant to the ACA, as well as other available remedies. We are well versed in the statutes, case law and various strategies available, and we have achieved success for our clients in this area. We are accustomed to working with attorneys in various localities and providing them with the support they need regarding ACA issues.

We have the comprehensive knowledge, proficiency and experience to assist you with the application of the ACA to reduce future damages.