New Lee v. Silveira case extends Howell analysis

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Lee v. Silveira Opinion

Lee v. Silveira Opinion

New Lee v. Silveira case extends Howell analysis, holding that in order to prevail under C.C.P. Section 998, plaintiff can use only the negotiated rate differential in determining whether he/she did “better” than the statutory offer – not the gross amount the jury may have awarded.

Be sure to read our other Howell related posts.

About the author

Seana B. Thomas

Founder and Principal Attorney, Seana Thomas is a recognized authority on Medicare Secondary Payer law (MSP) and procedure, and has been a civil litigator in California for over 25 years. Since 2008, Ms. Thomas has been involved in the analysis and understanding of issues relating to the existing Medicare Secondary Payer reimbursement system, current and anticipated revisions in MSP law and procedure in the liability context, and the effect they have on the rights and obligations of "primary payers" (RREs), beneficiaries and their counsel in liability claims or lawsuits asserted by a Medicare beneficiary.

In the summer of 2008 she was co-author, with Roy Franco, J.D. and David Rosenbaum, Esq., of a detailed analysis of the Medicare statutory reimbursement system and issues it presents for RREs and beneficiaries in the liability context in response to a Request for Comment regarding proposed changes to the MSP. This 100-plus page analysis was entered into the United States Congressional Record. Since then, MSP law and procedure has been a significant focus of Ms. Thomas's practice. Ms. Thomas continues an active civil litigation practice through trial and appeal for defense entities and plaintiffs. References are available upon request.

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