14 Fla. L. Weekly Supp. 895a
Insurance — Personal injury protection — Discovery — Failure to comply — Computer database used to review medical bills — Where insurer has failed to produce underlying data and documents substantiating database used to review bills, database is stricken as defense
NADAL MEDICAL CENTER, INC. (as assignee of Marie Joseph), Plaintiff, v. DAIRYLAND INSURANCE COMPANY, Defendant. County Court,13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 06-6512, Division L. June 14, 2007. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. James Bogos, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION IN LIMINE/MOTION TO STRIKE THE MITCHELL MEDICAL DATABASE
This cause having come before the Court on June 6, 2007 on Plaintiff’s Motion in Limine/Motion to Strike the Mitchell Medical/Ingenix database, with Timothy A. Patrick, Esquire appearing on behalf of Plaintiff and James Bogos, Esquire appearing on behalf of Defendant, and the Court, with Judge Gaston Fernandez presiding, being fully advised in the premises, rules that for the reasons stated on the record and recorded in open court, which constitutes the decision of this Court,
ORDERED AND ADJUDGED AS FOLLOWS:
1. Defendant has failed to produce the underlying data of the Mitchell Medical/Ingenix database, along with the other court ordered documents which substantiate the Mitchell Medical/Ingenix database.
2. The Plaintiff has been denied an opportunity to evaluate the validity, accuracy and reliability of the database.
3. As such, the Defendant is prevented from implying, arguing or otherwise submitting any documents, records and/or testimony of any kind relating to its Mitchell Medical/Ingenix defense.
4. The Defendant is not allowed to present any evidence of this defense from any witness, including, but not limited to, actuary Darrell Spell.
5. Plaintiff’s Motion in Limine/Motion to Strike the Mitchell Medical/Ingenix database as a defense is HEREBY GRANTED.
