PENNINGTON v. ALLSTATE, 973 P.2d 932 (Utah 1998). The law firm of PERRY, MALMBERG & PERRY, has emphasized understanding and challenging reasonable and necessary medical expenses claimed by plaintiffs and their medical field providers. This has included numerous trials wherein the reasonableness of the charges is attacked under the AMA CPT Codes and the Relative Value Study of the State of Utah. Also, the necessity of the treatment is closely examined. An area of concern is the duplicate procedures utilized on a patient, as well as the longevity of the treatment. The first challenge of reasonable and necessary medical expenses came in the landmark case of Pennington v. Allstate, 973 P.2d 932 (Utah 1998). Jan P. Malmberg was the prevailing counsel for Allstate at the trial court and on appeal in the Pennington case.

In Pennington, the plaintiff was a first-party insured of Allstate, who was involved in a minor automobile accident. The initial diagnosis the plaintiff received a day after the accident was he suffered from an uncomplicated cervical strain. Thereafter, the plaintiff, during a 2 1/2 months period, saw at least 4 different medical doctors, about 5 different chiropractors, involved an x-ray technician and MRI technician, 2 physical therapists and a massage therapist. Plaintiff incurred medical expenses of $4,257.87. Allstate requested an IME, which determined most of the care and treatment was not reasonable and not necessary. The reasonable and necessary medical expenses were all Allstate paid. Plaintiff sued Allstate arguing he only had to prove $1 more was reasonable and necessary than Allstate paid, and he could recover his attorney fees and costs of litigation. Allstate prevailed at trial and was awarded attorney fees of $15,000 and costs of $6,148.15. The Utah Supreme Court affirmed the decision and award.

GOROSTIETA v. PARKINSON, 2000 WL 1839478 (Utah 2000). PERRY, MALMBERG & PERRY continued to challenge plaintiff's medicl expense claims as being unreasonable and unnecessary in Gorosteita v. Parkinson, 2000 WL 1839478 (Utah 2000). Jan P. Malmberg and John Haslam Baily were the prevailing attorneys for the defendant. In Gorosteita the Utah Supreme Court upheld the trial court, and ruled "the foundation to establish the reliability of medical expenses is to provide evidence of reasonableness and necessity."

The court further upheld the trial court's refusal to let the plaintiff's mother testify as to the reasonablness and necessity of plaintiff's medical expenses after plaintiff's exhibits and expert testimony was excluded as a result of discovery abuses.