Missouri Revised Statutes













Chapter 538

Tort Actions Based on Improper Health Care

←538.215

Section 538.220.1

538.225→

August 28, 2015

Damages, how paid--security required for future damage payments, when, duration--attorney's fees--death of judgment creditor, effect.

538.220. 1. In any action against a health care provider for damages for

personal injury or death arising out of the rendering of or the failure to

render health care services, past damages shall be payable in a lump sum.



2. At the request of any party to such action made prior to the entry of

judgment, the court shall include in the judgment a requirement that future

damages be paid in whole or in part in periodic or installment payments if the

total award of damages in the action exceeds one hundred thousand dollars.

Any judgment ordering such periodic or installment payments shall specify a

future medical periodic payment schedule, which shall include the recipient,

the amount of each payment, the interval between payments, and the number of

payments. The duration of the future medical payment schedule shall be for a

period of time equal to the life expectancy of the person to whom such

services were rendered, as determined by the court, based solely on the

evidence of such life expectancy presented by the plaintiff at trial. The

amount of each of the future medical periodic payments shall be determined by

dividing the total amount of future medical damages by the number of future

medical periodic payments. The court shall apply interest on such future

periodic payments at a per annum interest rate no greater than the coupon

issue yield equivalent, as determined by the Federal Reserve Board, of the

average accepted auction price for the last auction of fifty-two-week United

States Treasury bills settled immediately prior to the date of the judgment.

The judgment shall state the applicable interest rate. The parties shall be

afforded the opportunity to agree on the manner of payment of future damages,

including the rate of interest, if any, to be applied, subject to court

approval. However, in the event the parties cannot agree, the unresolved

issues shall be submitted to the court for resolution, either with or without

a post-trial evidentiary hearing which may be called at the request of any

party or the court. If a defendant makes the request for payment pursuant to

this section, such request shall be binding only as to such defendant and

shall not apply to or bind any other defendant.



3. As a condition to authorizing periodic payments of future damages, the

court may require a judgment debtor who is not adequately insured to post

security or purchase an annuity adequate to assure full payment of such

damages awarded by the judgment. Upon termination of periodic payments of

future damages, the court shall order the return of this security or so much

as remains to the judgment debtor.



4. If a plaintiff and his attorney have agreed that attorney's fees shall

be paid from the award, as part of a contingent fee arrangement, it shall be

presumed that the fee will be paid at the time the judgment becomes final.

If the attorney elects to receive part or all of such fees in periodic or

installment payments from future damages, the method of payment and all

incidents thereto shall be a matter between such attorney and the plaintiff

and not subject to the terms of the payment of future damages, whether agreed

to by the parties or determined by the court.



5. Upon the death of a judgment creditor, the right to receive payments

of future damages, other than future medical damages, being paid by

installments or periodic payments will pass in accordance with the Missouri

probate code unless otherwise transferred or alienated prior to death.

Payment of future medical damages will continue to the estate of the judgment

creditor only for as long as necessary to enable the estate to satisfy

medical expenses of the judgment creditor that were due and owing at the time

of death, which resulted directly from the injury for which damages were

awarded, and do not exceed the dollar amount of the total payments for such

future medical damages outstanding at the time of death.



6. Nothing in this section shall prevent the parties from contracting and

agreeing to settle and resolve the claim for future damages. If such an

agreement is reached by the parties, the future periodic payment schedule

shall not apply.



(L. 1986 S.B. 663 § 7, A.L. 2005 H.B. 393)



CROSS REFERENCE:



Applicability of statute changes to cases filed after August 28, 2005,

538.305





1991



1991



538.220. 1. In any action against a health care provider

for damages for personal injury or death arising out of the

rendering of or the failure to render health care services, past

damages shall be payable in a lump sum.



2. At the request of any party to such action made prior to

the entry of judgment, the court shall include in the judgment a

requirement that future damages be paid in whole or in part in

periodic or installment payments if the total award of damages in

the action exceeds one hundred thousand dollars. Any judgment

ordering such periodic or installment payments shall specify the

recipient, the amount of each payment, the interval between

payments, and the number of payments. The parties shall be

afforded the opportunity to agree on the manner of payment of

future damages, including the rate of interest, if any, to be

applied, subject to court approval. However, in the event the

parties cannot agree, the unresolved issues shall be submitted to

the court for resolution, either with or without a post-trial

evidentiary hearing which may be called at the request of any

party or the court. If a defendant makes the request for payment

pursuant to this section, such request shall be binding only as

to such defendant and shall not apply to or bind any other

defendant.



3. As a condition to authorizing periodic payments of future

damages, the court may require a judgment debtor who is not

adequately insured to post security or purchase an annuity

adequate to assure full payment of such damages awarded by the

judgment. Upon termination of periodic payments of future

damages, the court shall order the return of this security or so

much as remains to the judgment debtor.



4. If a plaintiff and his attorney have agreed that

attorney's fees shall be paid from the award, as part of a

contingent fee arrangement, it shall be presumed that the fee

will be paid at the time the judgment becomes final. If the

attorney elects to receive part or all of such fees in periodic

or installment payments from future damages, the method of

payment and all incidents thereto shall be a matter between such

attorney and the plaintiff and not subject to the terms of the

payment of future damages, whether agreed to by the parties or

determined by the court.



5. Upon the death of a judgment creditor, the right to

receive payments of future damages, other than future medical

damages, being paid by installments or periodic payments will

pass in accordance with the Missouri probate code unless

otherwise transferred or alienated prior to death. Payment of

future medical damages will continue to the estate of the

judgment creditor only for as long as necessary to enable the

estate to satisfy medical expenses of the judgment creditor that

were due and owing at the time of death, which resulted directly

from the injury for which damages were awarded, and do not exceed

the dollar amount of the total payments for such future medical

damages outstanding at the time of death.



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