Supreme Court of Delaware

Jennifer L. Smith, Defendant Below, Appellant/cross-Appellee v. Delaine Mahoney, Nicole Marie Richards, Plaintiffs…

November 3, 20162016 Del. LEXIS 585

Summary

The court held that the collateral source rule does not permit a tort plaintiff to recover past medical expenses exceeding the amounts actually paid by Medicaid, and that Medicaid payments conclusively establish the reasonable value of those past services. It further held that uncertain future Medicaid coverage does not limit an award of future medical expenses. The court rejected constitutional challenges to this framework and affirmed the judgment below.