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Amy Ray vs. Allstate Fire and Casualty Insurance Company

A Motor Vehicle Accident - Over $250,000 case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Montgomery County, TX. Judge Bays, Kristin presiding.

Case Details

Case Number

(Subscribe to View)   

Filing Date

August 18, 2021

Last Refreshed

October 11, 2023

Filing Location

Montgomery County, TX

Judge

Hon. Bays, Kristin Trellis Spinner 👉 Discover key insights by exploring more analytics for Bays, Kristin   

Category

Motor Vehicle Accident - Over $250,000

Practice Area

Torts

Matter Type

Automobile

Case Outcome Type

Dismissed

Status

Dismissal

Overview

The materials and resources used in this analysis include the past medical records and medical billing data for Amy

Ray for her treatment. The sonable value of past medical care is determined by an analysis of both the billing and

coding rules and then the comparison of geographic specific pricing data. The analysis uses national sources listed

in the source section below. It is inclusive of national rules, standards, and federal regulations which dictate how

medical services are billed in the United States. The national pricing databases provide geographic specificity

correlated to the category of medical care received. This analytical system has existed in the health care industry for

decades.

Each category of care has its own unique medical billing code set that transforms descriptions of services into

numerical medical codes that create the common language in the health care industry. Each code set contains

highly defined rules and regulations that dictate their use, and exists in unique, geographic specific pricing

databases.

The International Classification of Diseases (ICD) is the diagnostic code set which specifies the reason that a patient

seeks medical care. The current code set is ICD 10; prior to October 2015, the code set was ICD 9.

The categories of medical care and corresponding code sets are:

Professional and Anesthesia Services CPT (Current Procedural Terminology) codes describe medical, surgical,

diagnostic, and anesthesia services.

Inpatient Hospitalization: DRG (Diagnosis Related Group) codes identify inpatient hospital services.

Outpatient Facilities: APC (Ambulatory Payment Classification) codes identify outpatient facility services and are

applied based on CPT codes.

Pharmaceuticals: National Drug Codes identify prescribed drugs/medications.

Durable Medical Equipment, Prosthetics, Orthotics, Supplies and Biologics: HCPCS (Healthcare Common

Procedure Coding System) codes are used for these dispensed products.

Dental: CDT (Current Dental Terminology) codes describe dental medical, surgical, and diagnostic services

Process

submitted medical bills and medical records are organized, reviewed, and analyzed to confirm that services

after the date of injury were injury related charges and that the charges were based on proper medical coding.

Additionally, the medical and billing records are reviewed for completeness, and any identified missing records are

noted in the Missing Records section of this report.

After the organizational abstract is prepared, the medical and billing records are carefully reviewed, and the

following data points (when available) are entered onto a spreadsheet based on:

Provider of care

Date of service

Description of service

Amount charged

Diagnosis Codes ICD 9, ICD 10

Code Sets CPT, HCPCS, APC, DRG and NDC

Parties

Plaintiffs

Ray, Amy

Attorneys for Plaintiffs

Patrick Scott

Defendants

Allstate Fire And Casualty Insurance Company
Nerio, Victor

Attorneys for Defendants

Benjamin J Reviere
Wade R Quinn

Case Documents

Entry

Date: Mar 24, 2023

Order Granting Nonsuit

Date: Mar 09, 2023

Notice of Nonsuit

Date: Mar 09, 2023

Jury Trial

Date: Mar 06, 2023

Notice

Date: Feb 23, 2023

Rule 11

Date: Feb 21, 2023

Notice

Date: Feb 15, 2023

Affidavit

Date: Feb 10, 2023

Notice

Date: Feb 10, 2023

Amended Filing

Date: Feb 10, 2023

Signed Order

Date: Feb 10, 2023

Submission

Date: Feb 10, 2023

Signed Order

Date: Jan 28, 2023

Submission

Date: Jan 27, 2023

Notice of Hearing

Date: Jan 26, 2023

Response

Date: Jan 26, 2023

Proposed Order

Date: Jan 26, 2023

Motion (No Fee)

Date: Jan 25, 2023

Proposed Order

Date: Jan 25, 2023

Proposed Order

Date: Jan 19, 2023

Motion (No Fee)

Date: Jan 19, 2023

Notice

Date: Jan 17, 2023

Motion (No Fee)

Date: Jan 12, 2023

Docket Control Order

Date: May 24, 2022

Signed Order

Date: May 24, 2022

Motion for Continuance

Date: May 23, 2022

Proposed Order

Date: May 23, 2022

Notice

Date: May 23, 2022

Partial Nonsuit

Date: Apr 08, 2022

Notice

Date: Apr 07, 2022

No Fee Documents

Date: Mar 08, 2022

Notice

Date: Jan 24, 2022

Amended Filing

Date: Jan 11, 2022

Motion (No Fee)

Date: Dec 30, 2021

Notice

Date: Dec 29, 2021

Notice

Date: Dec 28, 2021

No Fee Documents

Date: Dec 28, 2021

Amended Answer

Date: Dec 22, 2021

Motion (No Fee)

Date: Dec 21, 2021

Proposed Order

Date: Dec 21, 2021

No Fee Documents

Date: Dec 17, 2021

Answer

Date: Dec 07, 2021

Return of Service

Date: Nov 22, 2021

Notice

Date: Nov 16, 2021

Request For Service

Date: Nov 15, 2021

Amended Petition

Date: Nov 02, 2021

Docket Control Order

Date: Sep 29, 2021

Jury Trial Requested

Date: Sep 27, 2021

Answer

Date: Sep 27, 2021

Return of Service

Date: Aug 31, 2021

Request For Service

Date: Aug 18, 2021

Case Events

Type Description
Docket Event 284th - Entry of Judgment Notification
Entry
CANCELED Entry (9:00 AM) (Judicial Officer Bays, Kristin) Case Disposed Trellis Spinner 👉 Discover key insights by exploring more analytics for
Docket Event E-Notice Envelope Number:
Docket Event Order Granting Plaintiff's Notice of Non-Suit with Prejudice
Order Granting Nonsuit
Docket Event Plaintiff's Notice of Non-Suit with Prejudice
Notice of Nonsuit
Docket Event Docket Control Order
Jury Trial
CANCELED Jury Trial (9:00 AM) (Judicial Officer Bays, Kristin) Agreed Resolution06/06/2022Reset by Court to 03/06/2023 Trellis Spinner 👉 Discover key insights by exploring more analytics for
Docket Event 284th - Entry of Judgment Notification
Notice
Docket Event Rule 11 Settlement Agreement
Rule 11
Docket Event Joint Notice Filing
Notice
Docket Event E-Notice Envelope Number:
Docket Event Plaintiff's 18.001 Affidavit of Patrick R. Scott on Attorneys' Fees
Affidavit
Docket Event Plaintiff's Notice of Filing 18.001 Attorney Fee Affidavit
Notice
Docket Event Amy Ray's Amended Expert Disclosures and Reports
Amended Filing
Docket Event Order Denying Motion to Compel
Signed Order
Docket Event Motion to Compel Deposition of Allstate Fire and Casualty Insurance Company
Submission (9:00 AM) (Judicial Officer Bays, Kristin) Trellis Spinner 👉 Discover key insights by exploring more analytics for
Docket Event E-Notice Envelope Number:
Docket Event Order Granting Plaintiff's Motion to Amend Style
Signed Order
Docket Event Plaintiff's Motion to Amend Style
Submission (9:00 AM) (Judicial Officer Bays, Kristin) Trellis Spinner 👉 Discover key insights by exploring more analytics for
Docket Event Notice of Hearing
Docket Event Defendant Allstate Fire and Casualty Insurance Company's Response to Plaintiff's Motion to
Response
Docket Event Proposed Order
Docket Event Motion to Compel Deposition of Allstate Fire and Casualty Insurance Company
Motion (No Fee)
Docket Event Proposed Order Granting Plaintiff's Motion to Compel Deposition of Allstate Fire and Casualty
Proposed Order
Docket Event Proposed Order
Docket Event Defendant Allstate Fire and Casualty Insurance Company's Motion to Quash
Motion (No Fee)
Docket Event Notice of Hearing
Notice
Docket Event Plaintiff's Motion to Amend Style
Motion (No Fee)
Docket Event Jury Trial (9:00 AM) (Judicial Officer Bays, Kristin) Trellis Spinner 👉 Discover key insights by exploring more analytics for Bays, Kristin

Judge: Bays, Kristin Trellis Spinner 👉 Discover key insights by exploring more analytics for Bays, Kristin

Docket Event E-Notice Envelope Number:
Docket Event Docket Control Order
Docket Event Order to Agreed Motion for Continuance
Signed Order
Docket Event Agreed Motion for Continuance
Motion for Continuance
Docket Event Proposed Order on Defendant's Motion for Continuance
Proposed Order
Docket Event Joint Notice Filing
Notice
Docket Event Order Granting Plaintiff's Notice Of Non-Suit As To Defendant
Partial Nonsuit
Docket Event E-Notice Envelope Number:
Docket Event Plaintiff's Notice Of Non-Suit As To Defendant Victor Nerio Only
Notice
Docket Event Amy Ray's Expert Disclosures and Reports
No Fee Documents
Docket Event Deposition Transcript Certificate - HCA Houston Healthcare Conroe (Billing)
Certificate of Deposition
Docket Event Certificate of Deposition - Victor Nerio
Certificate of Deposition
Docket Event Deposition Transcript Certificate - College Park Medicine (Billing)
Certificate of Deposition
Docket Event Certificate of Deposition - Aspire Hospital (Radiology)
Certificate of Deposition
Docket Event Certificate of Deposition - Sam Houston State University (Employment)
Certificate of Deposition
Docket Event Certificate of Deposition - Montgomery County Hospital District EMS (Attn: Records Department
Certificate of Deposition
Docket Event Deposition Officer Notice of Delivery
Notice
Docket Event Deposition Officer Certification of Non-Stenographic Deposition
Certificate of Deposition
Docket Event Defendant's First Supplemental Notice of Filing Counter Affidavit of Nancy Fraser Michalski, RN
Amended Filing
Docket Event Defendant, Victor Nerio's Motion to Quash Deposition and Motion for Protection
Motion (No Fee)
Docket Event Notice of Intention to Take Deposition by Written Questions
Notice
Docket Event Plaintiff's First Amended Notice of Filing 18.001 Billing Affidavits and Business Record Affidavits
Notice
Docket Event F/C Amended Subpoena for Production of Documents - T-Mobile
No Fee Documents
Docket Event Defendant's First Amended Answer
Amended Answer
Docket Event Defendant, Victor Nerio's Motion to Quash Deposition and Motion for Protection
Motion (No Fee)
Docket Event Proposed Order (Motion to Quash)
Proposed Order
Docket Event F/C Subpoena -T-Mobile
No Fee Documents
Docket Event Defendant Allstate Fire and Casualty Insurance Company's Verified Original Answer
Answer
Docket Event Affidavit of Service - Certified Mail - Allstate Fire and Casualty Insurance Company
Return of Service
Docket Event CitationAllstate Fire and Casualty Insurance CompanyServed11/19/2021Returned11/22/2021
Docket Event Defendant's Notice of Filing Counter-Affidavit of Nancy Fraser Michalski, RN
Notice
Docket Event Request for Service - Allstate Fire and Casualty Insurance Company
Request For Service
Docket Event Plaintiff's First Amended Original Petition
Amended Petition
Docket Event Docket Control Order
Docket Event Jury Fee Paid
Docket Event Application for Jury Trial Pursuant to Rule 216
Jury Trial Requested
Docket Event Defendant's Original Answer
Answer
Docket Event Returned Citation to Victor Nerio
Return of Service
Docket Event CitationNerio, VictorServed08/30/2021Returned08/31/2021
Docket Event Plaintiff's Original Petition
E-Filed Original Petition Document
Docket Event Request for Service
Request For Service
Docket Event Original Petition (OCA)

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