Horvitz & Levy convinced the Court of Appeal to affirm a favorable judgment and uphold an institutionally-important principle that an expert witness may base his medical damages opinions on Medicare reimbursement rates.
Plaintiff sought nearly $400,000 in damages in this automobile accident action. After the jury awarded only $7,663, plaintiff appealed.
The defendant retained Horvitz & Levy to preserve the judgment on appeal. Among other things, plaintiff argued that defense expert Dr. Henry Lubow improperly relied on Medicare reimbursement rates in formulating his opinions on the reasonable value of the medical services provided to plaintiff on a lien basis. The Court of Appeal rejected this argument and held that Dr. Lubow’s methodology was proper and admissible. The Court of Appeal also rejected plaintiff’s other grounds for appeal, and affirmed the judgment.