On April 28, 2022, the Florida Supreme Court issued its opinion in Dial v. Calusa Palms 337 So. 3d 1229 (Fla 2022) which confirmed and hopefully ended the issue of the correct amount that can be “boarded” for past medical expenses when Medicare has paid the past medical bills. However, even when Medicare is available to a Plaintiff, not all doctors want to accept it for treatment. Therefore, some of these doctors will continue to utilize letters of protection and forego immediate payment from Medicare, even though they accept Medicare in other circumstances. Tom Berger recently obtained an order from Judge Katrenakes in Palm Beach County granting a Motion in Limine excluding the gross amount of the medical bills. It was undisputed that Plaintiff was Medicare eligible but three of Plaintiff’s providers did not submit the bills to Medicare. The Judge ruled that the Plaintiff could only board the amounts Medicare would have paid had Plaintiff’s providers submitted the bill to Medicare. Judge Kastrenakes’ order, which we wrote and he adopted, is a complete analysis of the issue.

Order on Defendant's Motion in Limine on Plt Past Medical Expenses

About Thomas A. Berger:

Tom is an experienced trial attorney who has tried seven cases to verdict in the past five years. His trial experience is in state courts and mediated settlements from Fort Pierce to Key West, including the counties of St. Lucie, Martin, Palm Beach, Broward, Miami-Dade and Monroe. He has also argued appeals before the Florida Fourth District Court of Appeal.