July 2009, Case Review / Legal Alert

No-Fault trials— MRI cases-Timing is Everything

Elke Mirabella, Esq. tried to a dismissal Universal Health Chiropractic, PC a/a/o Andy Fortune v. State Farm. The issue was whether chiropractic treatment and diagnostic testing conducted by the provider were medically necessary. A prima facie case was stipulated to at the outset of the trial. Drs. Dureja and Portnoy both testified in defense of the company based on a lack of medical necessity. The court found that the defendant met its burden of proof and therefore shifted the burden to the plaintiff to rebut the evidence. The plaintiff had requested further adjournment or continuance or in the alternative to rely on the medical records in evidence...Read Full Article

Practical Issues:

We are finding, post LMK that some provider firms, are no longer negotiating on interest in settlements. This is of particular concern since the carrier and the defense attorney for the carrier cannot require a settlement be conditioned upon a waiver of interest. This does not preclude the parties from discussing, as a full settlement, all terms of the settlement including interest payments. These issues should be addressed up front in the negotiation process so that they are properly reflected in closing papers...Read Full Article

Staff News:

Eileen Selts, a paralegal who worked with us as an intern from Suffolk Community Colleges ABA Accredited Paralegal Degree program will be join us a a full time member of the No-Fault tea, starting in August.

Maryann Cioffi, a paralegal with more than 10 years of litigation experience with Liberty Mutual’s house counsel, joined the firm.

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