Morris v. Sutton, 2025 U.S. Dist. LEXIS 30024 (Pa. Eastern District Ct., February 19, 2025) (McHugh, J.)
In any action for damages against a tortfeasor, or in any uninsured or underinsured motorist proceeding, arising out of the maintenance or use of a motor vehicle, a person who is eligible to receive benefits under the coverages set forth in this subchapter, or workers’ compensation, or any program, group contract or other arrangement for payment of benefits as defined in section 1719 (relating to coordination of benefits) shall be precluded from recovering the amount of benefits paid or payable under this subchapter, or workers’ compensation, or any program, group contract or other arrangement for payment of benefits as defined in section 1719.
Based on this provision, Defendants move to preclude Plaintiff from introducing evidence of both past and future medical expenses, absent proof that Plaintiff lacks insurance to pay the bills. As to past expenses, Plaintiff does not contest the motion but asks the Court to deny the motion as to future expenses.
The Pennsylvania Supreme Court has not yet addressed this provision, but every court to consider the arguments raised here has concluded that § 1722 does not apply to medical expenses not yet incurred. Based on the language of the statute and a commonsense understanding of how it can realistically be applied, and the case law to date, I hold that § 1722 has no applicability to future medical expenses.
The operative language is “paid or payable.” Necessarily, a medical bill not yet incurred does not easily fit within the definition of “payable.” And if future medical care is necessary, there may or may not be insurance or another source to cover the bill. To assume so is entirely speculative. Kansky v. Showman, No. 09-1863, 2011 WL 1362245, at (M.D. Pa. Apr. 11, 2011); Walters v. Zumstein, Inc., No. 07-0358, 2008 WL 11370033, at (M.D. Pa. Sept. 10, 2008). From a practical perspective, it is not just the existence of coverage for future medical expenses that it speculative, but also the terms of any such coverage and how it would apply, as changes in eligibility and changes in the terms of coverage such as deductibles and co-pays are impossible to predict. With respect to past expenses, such questions can be answered with precision.
