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Sanchez, the Evidence Code, and Expert Testimony

Sanchez, the Evidence Code, and Expert Testimony: A New California Paradigm? Tom Dawson   Expert Testimony under Sanchez: A Paradigm Shift In People v Sanchez,1 the California Supreme Court overruled long-standing authority allowing experts to rely on case-specific hearsay.2 The decision fundamentally limits an expert’s ability to rely on hearsay and asks the jury to consider the underpinnings for the expert’s conclusion. “When an expert relies on […]

The Collateral Source Rule and Its Impact on Personal Injury Claims

What is the Collateral Souce Rule? The United States has always favored insurance for the payment of claims. And to encourage the take-up of coverage, many states have interpreted the collateral source rule as a vehicle, which enables plaintiffs to recover from defendants, regardless of the plaintiff’s insurance status. This position means any collateral sources, […]

What’s Driving Healthcare Cost in America

With the average American spending $10,739 per person annually, healthcare cost in the United States is the world’s most expensive.  From prescription drugs to treat conditions and improve overall patient health; facilities (emergency, short, and longer-term-care); physicians; medical products (including research and development); and healthcare providers; the United States offers some of the most effective […]

Charting a Path to “Reasonable Value” after the Dedmon Decision

by Thomas J. Dawson III, Esq., MPH, MA TD&P Consulting, Inc. January 16, 2017 The “reasonable value of medical expenses” consistently plays a major role in the litigation of personal injury matters, with plaintiffs seeking to recover the maximum amount based on their asserted injuries and defendants seeking to reduce potential damages. A recent decision […]

Medicare Secondary Payer Act & Medicare Set-Aside FAQ’s

The Medicare Secondary Payer Act Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007, and Medicare Set-Aside Frequently Asked Questions On January 4, 2019, the Centers for Medicare & Medicaid Services (“CMS”) released version 5.5 of the Medicare Secondary Payer (MSP) Non-Group Health Plan (NGHP) reporting requirements mandated by Section 111 of […]

Valuation of a Life Care Plan

Did you know there’s a new way to estimate the valuation of a life care plan? Is it more valid and reliable than the old ways? Is it more accurate? For example, when was the last time, you paid “list price” for something? Probably as important, with Amazonization-like disruptions, what does “list price” mean anyway?  […]

Expert Witness Services: A Tool for Litigation Success

No litigator should walk into a courtroom without having the tools needed to win. Expert witness services are essential to winning. Of course, no one can guarantee a win. But, the right expert will increase your chances. TD&P offers the kind of Expert Witness Services that will give you that opportunity. The Features Integrated Into […]

Pebley Decision and Future Litigation

Jonah Manzier Senior Counsel TD&PConsulting, Inc. On May 8, 2018, the California Court of Appeal, Second District, Division 6 rendered a decision in Pebley v. Santa Clara Organics, LLC (Pebley), [i] which marked a significant departure from accepted case law.[ii] The facts in this case are as follows:   Plaintiff Dave Pebley was injured in a motor […]

Medicaid Work Rules for Personal Injury Experts

How They Require Personal Injury Experts to Rethink  Vocational Damages Thomas J. Dawson III, Esq. MPH, MA The Trump Administration is permitting several states to place work requirements on their Medicaid populations to keep their government-funded health coverage. In April of 2019, Kentucky will begin phasing in its Medicaid work rules program.  Kentucky was the first […]

Vulnerable Life Care Plans

The Life Care Planning handbook mandates that “research information that the Life Care Planner has obtained should be readily available for review and reflected within the life care plan.” While many life care planners abide by this rule, some fall short. A well-constructed life care plan should identify the resources and data relied on to […]