ADC Howell: Still Under Attack Nine Years Later

Many of us hoped the California Supreme Court’s seminal decision in Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 would put to rest the notion that personal injury plaintiffs can recover for the grossly inflated amounts billed by medical providers that in real life are never paid. However, the last nine years have taught us that Howell marked only the beginning of the battle. Plaintiffs’ attorneys continue to develop new strategies for seeking excessive medical damage awards despite Howell.

Hear from the defense attorney who handled Howell from the trial court to the California Supreme Court, appellate counsel defending against these new medical damages arguments, and experienced trial counsel fighting these issues in the trial court. Learn how to combat strategies used by plaintiffs to try to circumvent Howell, including the ever-growing use of lien doctors for plaintiffs who have health insurance. And learn how to obtain the discovery needed to prepare your case for trial.

Specific points to be covered include:

  • The recent decision in Pebley v. Santa Clara Organics, which approved plaintiffs recovering the full amount “billed” by lien doctors
  • Stokes v. Muschinske, which permits defense billing experts to rely on Medicare reimbursement rates
  • Admissibility of the lien agreement and whether the plaintiff was referred to the lien doctor by his or her attorney
  • The perplexing issue of Kaiser liens
  • Objections to existing CACI jury instructions
  • Discovery strategies for lien medical providers

Lunch Provided

A box lunch is included with registration

MCLE Information

This activity has been approved for continuing Legal Education Credit by the State Bars of California and Nevada in the amount of 2.5 hours. The ADCNCN certifies that this activity conforms to the standards for approved educational activities prescribed by the rules and regulations of the State Boards of California and Nevada.


  • When

  • Friday, January 24, 2020
    12:00 PM - 2:30 PM
    Pacific Time

  • Where

  • Milton Marks Conference Center
    455 Golden Gate Avenue
    San Francisco, California 94102

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