Future Medical Expense Analysis

TD&P specializes in the determination of the Reasonable Value of Future Medical Expense Damages, relying on federal guidelines to determine the Reasonable Value of healthcare goods and services in the U.S. marketplace. But how do we establish “market price” and “reasonableness”? TD&P’s approach to the valuation of medical expenses follows U.S. Department of Health and Human Services regulations for fair pricing in the healthcare market. By leveraging Big Data, we analyze and document prices for every purchase made in the US marketplace. 

TD&P’s price analysis techniques and procedures range from comparing proposed prices to historical prices, using parametric estimating methods, comparing with published price lists, indexes, or market prices, comparing with independent Government cost estimates, and analyzing data other than certified cost or pricing data provided by the offeror. 

TD&P also scrutinizes each cost element to assess its reasonableness, allocability, and allowability. We aim to ensure that the Reasonable Price of Future Medical Expenses represents Fair Market Value, meaning the Reasonable Value of a medical item sold in the market must align with what a prudent and competent buyer would be willing to pay. 

Thomas J. Dawson, a distinguished Thought Leader on Reasonable Value and Medical Expense Pricing in the healthcare market leads TD&P’s Medical Expense Damages team. His work in the medical malpractice case of Cuevas v. Contra Costa County has led to a seminal decision held by the Court of Appeal for the First Appellate District and is relied on by California Juries as the benchmark for determining the reasonable value of future damages. (See CACI No. 3903A.) 

If you would like to learn more about our Medical Expense Damages team or if you have any questions, please feel free to reach out to us at (240) 670-7982 to speak with a member of our team.