Deposition preparation in a spinal cord injury matter focuses on the present value of the life care plan and the assumptions that drive it: the growth rate for each care category, the discount rate, the life expectancy applied, the replacement cycles for equipment and modifications, and the reconciliation of attendant care with household services. Because the plan is usually the largest component, opposing counsel will test whether the economist valued the plan as authored, whether the growth rates are supported by the medical price data appropriate to each category, and whether the life expectancy follows the medical opinion or the general tables.
Checklist
Confirm every valued item ties to a plan line with the plan's frequency, duration, and unit cost
Review the growth rate for each category and its source in the price data
Confirm the life expectancy applied and its basis in the medical opinion or the tables
Reconcile attendant care hours with the household services claim
Prepare the economist to show the total under alternative growth, discount, and life expectancy assumptions
Questions to ask the economist
Why does attendant care grow at a different rate from equipment and supplies?
What life expectancy did you apply, and what is the result under the opposing side's figure?
How did you treat items the plan lists as optional or conditional?
What is the net effect of your growth and discount rates on the largest item?
Timeline
One to two preparation sessions in the two weeks before the deposition, after the plan and the report are final.
Required documents
The final report with item-level present value tables
The life care plan with its cost tables and life expectancy basis
The medical opinions on life expectancy and work capacity
The opposing economist's report
Common pitfalls
Valuing an item differently from the plan without documenting the reason and consulting the plan's author
Applying a medical growth rate to non-medical items such as attendant care or transportation
Failing to present the net discount effect so the fact finder cannot see how growth and discount interact
How does the economist explain the net discount rate?
As the difference between how fast the cost of an item is expected to rise and how much a dollar invested today would earn over the same period. When the two are stated by category and their sources are given, the fact finder can see that the present value is a calculation, not a judgment call.
How should the economist answer a question about whether a plan item is medically necessary?
By stating that the item's inclusion is the plan author's judgment and that the economist valued it as written. The economist can explain the item's frequency, unit cost, growth rate, and present value, and can show the total without it if asked. Testimony about whether the person needs the item belongs to the plan's author and the treating providers.
What documents should be assembled for the deposition?
The final report with item-level present value tables, the life care plan and its cost basis, the medical opinions on life expectancy and work capacity, the price data behind each growth rate, the discount rate source, and the earnings and benefit records. Opposing counsel will usually go item by item through the largest plan categories, so the tables should be organized to follow the plan.
References
U.S. Bureau of Labor Statistics. (n.d.). Consumer Price Index: Medical care [Fact sheet]. U.S. Department of Labor. bls.gov
U.S. Department of the Treasury. (n.d.). Daily Treasury par yield curve rates. home.treasury.gov
Jones & Laughlin Steel Corp. v. Pfeifer, 462 U.S. 523 (1983). supreme.justia.com