Bynum v. Magno

Dissenting Opinion by

MOON, C. J., in Which LEVINSON, J., Joins.

I disagree with the majority’s conclusion that a Medicare and/or Medicaid beneficiary may recover medical expenses that he or she, pursuant to federal law, was not legally obligated to pay. The majority’s conclusion improperly, unnecessarily, and lightly disregards this jurisdiction’s long standing formulation and treatment of special damages. I, therefore, respectfully dissent.

In its first certified question, the district court essentially asks whether the amount paid by Medicare and/or Medicaid — as opposed to the amount charged…