Inflated Medical Damages in California State Courts: A brief analysis of Howell v. Hamilton Meats and how to prevent “unreasonable” costs
In a costly new trend, California Plaintiffs’ attorneys are referring their personal injury clients to expensive, lien-based medical providers to skirt the California Supreme Court’s decision in Howell v Hamilton Meats which limits plaintiffs to recovering the actual amounts paid for medical treatment not the amounts billed.
This article reviews the general concepts of the 905(b) claim and how past decisions helped bring into focus some key issues related to shore-side workers’ claims against vessels.
US Juries Get to Determine Reasonable Medical Expenses in Maritime Cases Based on Billed Amounts and Actual Expenses Paid - Higgs v. Costa Crociere (11th Cir. 2020)
This case involved a cruise ship passenger who sued the a vessel owner for claimed injuries suffered when she alleged to have tripped over a cleaning bucket that had been left near a buffet line, causing her to break her arm.
Oliver Goossens, Senior Claims Executive at the UK P&I Club working from the New Jersey Office.
Dee joined Thomas Miller in December 2007 after practicing law in New York City for 17 years with a well-known maritime defense firm. Although while practicing she handled both general cargo and bodily injury claims, she now focuses primarily on bodily injury and people claims. Dee is a Senior Claims Director and Co-Leader of the Bodily Injury Team.
Marina is an attorney and a graduate of the Massachusetts Maritime Academy.
Jennifer Porter recently joined Thomas Miller Americas’ San Francisco office and is a member of our BI Team.
Debbie Bronis is the Claims Manager & Environmental Specialist for the UK Club based in our San Francisco office.
Tom joined TMA in September 2019 after 28 years with leading US law firms specializing in maritime matters.
UK P&I Club will host a live webinar on 8 April (9am ET, 2pm GMT) exploring the current trends for seagoing vessels and the challenges for dry-bulk trade on the Hidrovía – Paraná River in South America.
Several factors, such as inadequate dredging, ice accumulation, or even scheduled lock maintenance, that impact one part of the system can create ripple effects throughout the maritime system as a whole, resulting in possible vessel damage or shipping bottlenecks.
Senior Claims Director
Noreen Arralde is a Senior Claims Director for the UK P&I Club based in New Jersey.
Cameron Holmes joined TMA in January 2019 after working with various maritime firms. He is a graduate from Tulane University where he received his Certificate of Concentration in Maritime Law. Cameron is fluent in French and proficient in Spanish.