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Member Achievement and Case News: Featured

OH Court Denies ACA Verdict Reduction

Tuesday, March 13, 2018   (0 Comments)
Posted by: Tom Jensen
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Patient claimed defendant health care providers failed to diagnose an MRSA infection leading to incomplete paraplegia. Jury awarded $5,200,000 in economic damages and $0 in non-economic damages. Trial court granted new trial on non-economic damages only and refused to reduce future economic damages due to Affordable Care Act benefits. Rulings were affirmed in Riedel v. Akron General Health System, 2018 Ohio 840 (Ohio App. Mar. 8, 2018). Court held the economic damages claim was not manifestly contrary to the evidence and must be upheld. To deny non-economic damages in the face of the paraplegia and magnitude of the economic losses is against the manifest weight of the evidence. ACA offsets were disallowed because it is likely an ACA-compliant policy would include a subrogation right.  Because the Ohio collateral source law denies admissibility of such evidence where a right of subrogation exists ACA benefits could not be considered as a collateral source.

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