Perkey v. Portes-Jorol

Jury verdict of $600,000, which $310,000 of that amount for medical expenses, in wrongful death/survival action for medical malpractice. Court erred in denying Defendants' motion to reduce judgment under Section 2-1205 of Code of Civil Procedure. Purpose of Section 2-1205 is to reduce the costs of medical malpractice actions by eliminating duplicative recoveries, yet preventing a plaintiff from being subjected to an uncompensated loss should an insurer assert its right to recover medical payments, as it limits the reduction by only the extent of, or amount of, the right to recoupment. It is the right of recoupment that controls, rather than the perfection of that right. Defendants' reduction is limited to $310,000 less the amount that insurer paid for medical expenses. (HUTCHINSON and BIRKETT, concurring.)