Court of Appeals opinion in the Audish v. Macias case Argued in San Diego by Robert Risbrough
June 17, 2024
In an important decision regarding damage presentation in cases involving future medical care and costs, this published opinion by the California Court of Appeal, Fourth Appellate District, Division One, allows counsel throughout the State of California to argue before Courts that Medicare reimbursement rates and insurance reimbursement evidence may be raised and presented in trial to the jury for their consideration regarding past and future economic damages. This assists defendants in presenting what the true cost of future healthcare is rather than the full cost of care as opined by experts. It therefore provides additional support for counsel in arguing medical damage values in a similar manner as Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541 (Cal. 2011) 129 Cal. Rptr. 3d 325, 257 P.3d 1130; Corenbuam v. Lampkin (2013) 215 Cal.App.4th 1308 (Cal. Ct. App. 2013) 156 Cal. Rptr. 3d 347 and; Cuevas v. Contra Costa County (2017) 11 Cal.App.5th 163.
The Court also held that it is left to the jury to determine if future non-economic damages are awarded and that a jury may choose to award nothing in future non-economic damages if there is little evidence of such damages. Therefore, it is not an error for a jury or a court to decide not to award future non-economic damages.
Click here to access the full order.
About Robert Risbrough
Robert Risbrough has over 30 years of experience practicing as a litigation attorney in California. Mr. Risbrough has tried over 30 cases and has a 95% defense verdict success rate. He has argued before the California Supreme Court, and numerous Courts of Appeal in California. In 2004 he was awarded Attorney of the Year by California Lawyer Magazine, the official magazine of the California State Bar, for his work in the important case of Rojas v. Superior Court which maintained confidentiality in mediations throughout the state
Mr. Risbrough completed his undergraduate education at the University of Southern California where he graduated with a Bachelor of Arts degree in journalism from the Annenberg School of Communication in 1986. After working in television for a year in Spokane, Washington, Mr. Risbrough attended the Pepperdine University School of Law where he took courses emphasizing trial work and mediation. He graduated in 1990 and passed the California State Bar later that same year.
Contact Robert at (949) 788-8900 or by email at rrisbrough@fkbrlegal.com to help answer all of your legal questions.
