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Questions and Answers
What is the central focus of the Howell v. Hamilton Meats case?
What was the defense argument regarding the recovery of medical expenses in Howell v. Hamilton Meats?
What was the conclusion reached in Howell v. Hamilton Meats regarding past medical damages?
What kind of damages were at the center of the dispute in Howell v. Hamilton Meats?
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How did Howell v. Hamilton Meats impact the evaluation of personal injury claims?
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What aspect of plaintiff law firms' practices changed after Howell v. Hamilton Meats?
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What was the nature of the medical expenses dispute in Howell v. Hamilton Meats?
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How did the resolution in Howell v. Hamilton Meats affect the recovery of past medical damages for plaintiffs?
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What is included in the Howell meds calculation?
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Study Notes
Howell v. Hamilton Meats Provisions Inc. (2011)
- This case is a significant tort case in the last 40 years, reshaping personal injury litigation in California.
- The case was tried and argued before the California Supreme Court in 2011.
Question Presented
- Should a plaintiff be allowed to recover the medical amounts billed versus the medical amounts paid by the health insurance?
Defense Argument
- If health insurance pays the medical bills, all medical accounts are satisfied and should be presented as such.
Conclusion
- An injured plaintiff is limited to recovering the discounted amount paid by the health insurance on their behalf as past medical damages.
- The plaintiff cannot recover the inflated amount medical providers bill for their services.
Pre-Howell v. Hamilton Meats Practice
- Plaintiff law firms would settle claims based on the total billed medical specials.
- Example: multiple medical providers billing a total of $74,400, without considering health insurance price adjustments.
Significant Change
- After Howell v. Hamilton Meats, plaintiffs can only recover the discounted amount paid by the health insurance, not the total billed medical specials.
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Description
Test your knowledge on the significant tort case of Howell v. Hamilton Meats which reshaped personal injury litigation in California. Explore the key arguments presented and outcomes of the case.
