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Fifth DCA Final Judgment Granting Full Collateral Source Set-offs Affirmed

Sharon Degnan, of the Orlando office, prevailed in an appeal before the Fifth District Court of Appeal in a case involving collateral source set-offs. Following a jury trial in a personal injury case, where the jury did not award Plaintiff all of his past medical expenses, Defendant filed a motion requesting a setoff in the full amount of the contractual adjustments to Plaintiff’s medical bills, which were written off by Plaintiff’s health insurer. After the trial court granted Defendant’s set-off motion, Plaintiff appealed and argued that the Defendant could not meet his burden to show entitlement to a set-off because it was unclear what bills had been awarded by the jury and thus no set-off should be given. Plaintiff also argued that if any set-off was appropriate, it should be a pro-rata set-off based on the percentage of the bills that were awarded. Following oral argument, the Fifth District issued a per curiam affirmance of the trial court’s decision and agreed with Sharon’s argument that the plain language of §768.76 mandated that the collateral source set-off be given for the full amount of the contractual adjustments and there was no legal basis to justify a pro-rata set-off.

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