Supreme Court of Delaware

Diane L. Stayton, Plaintiff Below-Appellant v. Delaware Health Corporation, a Delaware Corporatio — Strine, J…

June 12, 20152015 Del. LEXIS 288

Summary

Chief Justice Strine concurred in the Court's decision and argued that the collateral source rule should not be extended to permit a plaintiff to recover medical charges that neither she nor her insurer was obligated to pay. He reasoned that such an award would create a windfall for the plaintiff rather than compensate the provider that supplied discounted or charitable care. The concurrence also noted that the broader wisdom of the collateral source rule may warrant reconsideration as healthcare financing changes, but joined the Court's narrower approach. No separate opinion was provided in the supplied text.