Court grants summary dismissal after provider fails to justify billing rate in prolonged PIP litigation.
In a recent victory, attorneys Stephanie Strycharz and Christopher Best secured a complete dismissal of a provider’s professional attendant care claim of $422,000 in personal injury protection benefits. This case involved a catastrophically injured claimant who had been receiving professional attendant care for several years from the plaintiff provider. Our client had been faithfully paying the provider a reasonable rate for attendant care, but the provider was not satisfied with the rate of reimbursement, resulting in a lawsuit filed in 2022.
Throughout litigation, Stephanie Strycharz and Christopher Best persistently pursued discovery, pressing the provider plaintiff to produce evidence supporting the reasonableness of its billing rate. The plaintiff repeatedly refused to comply, evading even basic written discovery. After two and a half years of litigation, including multiple discovery motions, repeated settlement conferences, two facilitations, and a substantial good-faith settlement offer, the court granted summary dismissal of the plaintiff’s claim in full.
This complete dismissal of almost half a million dollars in personal injury protection benefits underscores the tenacity of our attorneys and the importance of demanding clear, specific discovery necessary to thoroughly evaluate and defend the claim presented.
Zausmer
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