Rosa v. Anesthesia Associates Of New London P.C.
A defendant is not entitled to a reduction for medical expenses for which a right of subrogation exists. After a jury awarded the plaintiff in a medical-malpractice action $191,808 in economic damages, plus $8.3 million for pain and suffering, the defendant moved to set aside the verdict, for a new trial and for a remittitur. Previously, the court denied the defense motion to set aside and for a remittitur, because evidence in the record supported the jury's conclusion that the defendant did not follow the standard of medical care and used the wrong medical device, when converting from local anesthesia to general anesthesia. The U.S. Navy paid $108,166 of the plaintiff's medical expenses, and the defendant requested a reduction, as a result of the receipt of collateral sources of payment. "Collateral sources" constitute "any payments made to the claimant, or on his behalf, by or pursuant to: 1.) Any health or sickness insurance, automobile accident insurance that provides health benefits, and any other similar insurance benefits, except life insurance benefits available to the claimant, whether purchased by him or provided by others; or 2.) any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the costs of hospital, medical, dental or other health care services." Here, the U.S. Navy, which paid for the plaintiff's medical expenses, possesses the right of subrogation. The court found that the defendant is not entitled to a collateral sources reduction for medical expenses for which a right of subrogation exists. The court granted, in part, the defense motion for a collateral sources reduction, in the amount of $83,641. The court reduced the plaintiff's verdict of $10.54 million to $10.45 million.