326 So.3d 1124
Fla. Dist. Ct. App.2021Background
- Volin (72) sued Gulfstream after a fall on its property that fractured her hip, seeking past medical expenses, lost wages, future earning capacity, and noneconomic damages.
- Volin sought to introduce the gross past medical bills of $101,402.55 even though Medicare had paid providers a lesser, contracted amount.
- Gulfstream moved in limine to exclude the gross billed amounts as inadmissible “phantom” damages; the trial court denied the motion and reserved collateral-source adjustments for post-verdict handling.
- The jury found both parties 50% at fault and awarded Volin $787,508.55, including the full billed medical amount; after setoffs the trial court entered judgment for $360,225.34.
- Gulfstream appealed, arguing the admission of gross billed medical charges (when Medicare paid less) was error; the Fourth District reversed and remanded for a new trial on damages and certified a question to the Florida Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the gross amount a medical provider billed is admissible as past medical damages when Medicare paid a lesser amount in full satisfaction | Volin: Joerg permits introduction of medical-bill evidence and does not bar presenting gross billed amounts | Gulfstream: Thyssenkrupp and related precedent bar admission of billed amounts that were never paid (phantom damages); Medicare settlements render billed amounts irrelevant | The court held billed amounts are inadmissible when Medicare satisfied the debt for a lesser amount; reversed and remanded for new damages trial; certified a question to the Florida Supreme Court |
Key Cases Cited
- Thyssenkrupp Elevator Corp. v. Lasky, 868 So. 2d 547 (Fla. 4th DCA 2003) (held gross billed medical charges inadmissible when Medicare paid a lesser amount in full satisfaction)
- Joerg v. State Farm Mut. Auto. Ins. Co., 176 So. 3d 1247 (Fla. 2015) (addressed collateral-source evidence for future social-benefit eligibility; did not overrule cases about past billed charges)
- Cooperative Leasing, Inc. v. Johnson, 872 So. 2d 956 (Fla. 2d DCA 2004) (held past medical damages should not include the difference between billed amounts and what Medicare providers agreed to accept)
- Goble v. Frohman, 901 So. 2d 830 (Fla. 2005) (explained compensatory damages are limited to actual loss; billed amounts settled for less are not actual damages)
- Dial v. Calusa Palms Master Ass’n, Inc., 308 So. 3d 690 (Fla. 2d DCA 2020) (rejected argument that Joerg implicitly overruled Cooperative Leasing/Thyssenkrupp and certified the same question of great public importance)