Physical Medicine And Rehabilitation Expert Was Allowed to Opine on Future Medical Expenses
Posted on November 25, 2025 by Expert Witness Profiler
This case arises out of injuries sustained by Brandon Jensen on his bicycle when he collided with a semi-truck who made a left turn through his lane of travel. The semi-truck was driven by Defendant Michael Beale. Beale was working for Crete Carrier at the time of the accident.
The Plaintiffs planned to introduce the testimony of Dr. Zachary L. McCormick, their medical expert, who will opine that Jensen’s future medical expenses will cost approximately $777,955.
McCormick bases his estimates on the “historical cost of care available to me from the University of Utah.” The Defendants argued that the Court should exclude McCormick’s report.
Physical Medicine And Rehabilitation Expert Witness
Dr. Zachary Lennon McCormick, MD is a board-certified specialist in both Pain Medicine and Physical Medicine & Rehabilitation (PM&R).
He received his MD at the University of Pennsylvania, completed a PM&R residency and fellowship at Northwestern University (The Rehabilitation Institute of Chicago). Following training, he served as a faculty member at the University of California San Francisco. McCormick currently serves as a Professor and Vice Chair of PM&R, Ambulatory Chief Value Officer, Chief of the Division of Spine and Musculoskeletal Medicine, Co-Director of the Endoscopic and Percutaneous Spine (EPS) Destination Care Program, and the Founding Director of the Interventional Spine and Musculoskeletal Research (INSPIRE) program. He founded the Interventional Spine and Musculoskeletal Medicine (ISMM) Fellowship Program at the University of Utah and previously directed this program for 6 years.
Discussion by the Court
Just over a week ago, the Utah Supreme Court issued a decision holding that special damages for past medical expenses should be measured by the negotiated—not the gross—charge for services. The Defendants argued that the Court should exclude McCormick’s report for failure to comply with the Utah Supreme Court’s opinion.
Although McCormick’s report focused on future, not past, medical expenses, the Defendants argued that the same logic applies and that any estimates for future services based on gross charges are inadmissible. The Defendants also maintained that McCormick’s report lacks foundation due to his failure to explain whether his estimates are based on gross charges or other rates.
The Court held that the Plaintiffs may introduce the expert testimony of McCormick to the extent that his report presents evidence of gross charges for future medical expenses. But the Defendants may present evidence of the standard discount available to self-pay patients for those charges. In addition, the Defendants may raise questions about the foundation for McCormick’s testimony to the extent that his report is based on other measures of future medical expenses.
Held
The Court declines to exclude the expert testimony of Dr. Zachary McCormick but clarified that the Defendants may introduce evidence concerning typical medical billing discounts for self-pay or uninsured individuals.
Key Takeaway:
The Court assumes that McCormick’s expert report is based on gross charges. The Court denied without prejudice the Defendants’ challenge to his report to the extent that their challenge is based on the lack of foundation about whether the figures represent gross charges or payer-negotiated charges. The Court will question McCormick about the source of his figures before determining the admissibility of his testimony.
Case Details:
| Case Caption: | Jensen V. Crete Carrier Corporation |
| Docket Number: | 1:23cv105 |
| Court Name: | United States District Court for the District of Utah, Northern Division |
| Order Date: | November 10, 2025 |
Please refer to the blog previously published about this case:
Transportation Engineering Expert’s Testimony on Accident Reconstruction Admitted
Transportation Expert’s Testimony About Safety Considerations Admitted
