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Kent Adams is the regional managing partner for Wilson Elser’s Houston and Beaumont, Texas, offices. Kent defends clients in civil litigation in the state and federal courts of Texas and Louisiana. He has tried dozens of catastrophic personal injury, insurance coverage, claims handling, property damage, energy-related and environmental cases to jury verdicts. Kent has defended products, premises, motor vehicle, trucking, maritime, cyber and data breach, oil field, pipeline, railroad, chemical plant and refinery cases. He has defended automotive, consumer, energy, and industrial product manufacturers and distributors in all types of occupational injury, toxic tort, personal injury and property damage litigation.

Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit a plaintiff’s claim for future medical damages. Plaintiffs often use exaggerated life care plans with significant damage calculations to support their future medical damages in catastrophic injury cases. In general, life care plans do not fairly consider a plaintiff’s entitlement to health insurance coverage, and assume that the alleged future medical care expenses are to be paid out-of-pocket by the plaintiff.
Continue Reading Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases