§2951. Provision for structured awards








1. Definition. 
As used in this subchapter, the term "health care services" means acts of diagnosis,
treatment, medical evaluation or advice or such other acts as may be permissible under
the health care licensing, certification or registration laws of this State.


[
1985, c. 804, §§ 16, 22 (NEW)
.]








2. Structured awards; periodic payments. 
In any action for professional negligence, the court in which the action is brought
shall, at the request of either party, enter a judgment ordering that money damages
or its equivalent for future damages of the judgment creditor, exclusive of litigation
expenses, be paid in whole or in part by periodic payments rather than by a lump-sum
payment if the award equals or exceeds $250,000 in future damages, including, but
not limited to, expert witness fees, attorneys' fees and court costs.





A. In the case of a jury trial, prior to the case being presented to the jury, the judge
shall make a preliminary determination as to whether or not a verdict is likely to
result in an award for future damages in excess of the threshold set out in this subsection.
If such a determination is made, the judge shall instruct the jury to apportion damages
between past and future in those categories of damages required under this subchapter
to be structured. In entering a judgment ordering the payment of future damages by
periodic payments, the court shall make a specific finding as to the dollar amount
of periodic payments which will compensate the judgment creditor for those future
damages. In determining the amount of the periodic payment, the court shall consider
the amount of interest that would be earned on the amount had it been paid presently.
As a condition to authorizing periodic payments of future damages, the court must
be satisfied that there are adequate financial resources available to the judgment
debtor. If not so satisfied, the judge may either deny structuring the award or require
adequate security to be deposited with the court. Upon termination of periodic payments
of future damages, the court shall order the return of the security, or so much as
remains, to the judgment debtor. [1985, c. 804, §§ 16, 22 (NEW).]










B. The judgment ordering the payment of future damages by periodic payment shall specify
the recipient or recipients of the payments, the dollar amount of the payments, the
interval between payments and the number of payments or the period of time over which
payments shall be made. The payments shall only be subject to modification in the
event of death of the judgment creditor. [1985, c. 804, §§ 16, 22 (NEW).]










C. In the event that the court finds that the judgment debtor has exhibited a continuing
pattern of failing to make the payments, as specified in paragraph B, the court shall
find the judgment debtor in contempt of court and, in addition to the required periodic
payments, shall order the judgment debtor to pay the judgment creditor all damages
caused by the failure to make these periodic payments, including court costs and attorneys'
fees. [1985, c. 804, §§ 16, 22 (NEW).]










D. Money damages awarded for loss of future earnings and loss of services shall not be
reduced or payments terminated by reason of the death of the judgment creditor, but
shall be paid to the judgment creditor's estate. In those cases, the court which rendered
the original judgment may, upon petition of any party in interest, modify the judgment
to award and apportion the unpaid future damages, exclusive of unpaid damages for
future medical treatment, in accordance with this subchapter. [1985, c. 804, §§ 16, 22 (NEW).]










E. Following the occurrence or expiration of all obligations specified in the periodic
payment judgment, any obligation of the judgment debtor to make further payments shall
cease and any security given, pursuant to paragraph A shall revert to the judgment
debtor. [1985, c. 804, §§ 16, 22 (NEW).]










F. As used in this section:



(1) "Future damages" includes damages for future medical treatment, care or custody,
loss of future earnings and loss of the economic value of services. [1985, c. 804, §§ 16, 22 (NEW).]










[
1985, c. 804, §§ 16, 22 (NEW)
.]





SECTION HISTORY

1985, c. 804, §§16,22 (NEW).