Wills v. Foster, A Split Decision In The Battle Between Compensatory Damages and the Collateral Source Rule

IDC Quarterly Vol. 18, No. 4 (18.4.26)

Summary: This article picks up where Arthur v. Catour left off. It involves the governmental discount which is accorded to bills which are paid through Medicare or Medicaid. Unfortunately, the Supreme Court in Wills v. Foster, 229 Ill. 2d 393 (2008) again “bought on” to the concept that governmental discounts are also a “collateral source” which cannot be shown by the defense. Thus, the court reaffirmed the “reasonableness requirement” of Arthur v. Catour, leaving open the question of how a plaintiff can prove, or a defendant disprove, the reasonableness of bills which have bene subsequently discounted.  Read More

"The law is not an inflexible structure whose walls restrain progress. Rather, it needs to be nudged molded and shaped. An able advocate best represents his client by convincing the Courts of that fact."

John E. Cassidy. Sr. (1896-1984)
Firm Founder Illinois Attorney General (1938-1940)