Rudnicki v. Bianco: Minors Can Sue for Pre-Majority Medical Care Costs

In Rudnicki v. Bianco, the Colorado Supreme Court reversed a lower court ruling that had limited a minor's ability to recover medical expenses incurred before the age of eighteen. The court held that either a minor or their parents may recover pre-majority medical costs in tort actions, so long as there is no double recovery. The decision marked a departure from prior Colorado precedent that limited such recovery to parents alone.

Birth Injury and Initial Lawsuit

Alexander Rudnicki suffered severe brain injuries at birth in 2005 due to alleged negligence by OB-GYN Dr. Peter Bianco during a vacuum-assisted delivery. The injuries required intensive medical intervention and ongoing therapies. In 2014, Alexander's parents filed a medical malpractice suit on his behalf and also brought individual claims. The court dismissed the parents’ individual claims as time-barred under the two-year medical malpractice statute of limitations.

The case proceeded with Alexander as the sole plaintiff. A jury awarded him $4 million in damages, including $325,000 for past medical expenses and $110,000 for future medical expenses through age twenty-two. Dr. Bianco moved to reduce the award, arguing that under the common law rule, Alexander could not recover for medical expenses incurred while he was a minor. The district court agreed and vacated the past medical expense award and a portion of the future expense award.

Court of Appeals and Supreme Court Review

The court of appeals affirmed the district court’s ruling, stating that under existing precedent, only parents could recover a minor's pre-majority medical costs unless one of a few narrow exceptions applied. Alexander argued that he fell within an exception because the Colorado Department of Health Care Policy and Financing (HCPF) could seek reimbursement from his recovery, suggesting he was personally liable for the costs. The court of appeals rejected this view, concluding that Alexander was not legally responsible for the expenses paid by Medicaid.

The Colorado Supreme Court granted certiorari and reversed. The justices held that the traditional rationales for the common law rule—such as parental financial responsibility and preventing double recovery—no longer aligned with modern healthcare realities. The opinion emphasized that health insurance, Medicaid, and government programs often bear the cost of a minor's care, reducing or eliminating parents' direct financial responsibility.

Policy Shift and Impact on Medicaid Recovery

The court highlighted that limiting recovery to parents could interfere with Medicaid reimbursement rights. Federal and state law allow HCPF to assert liens against judgments for medical costs paid on behalf of Medicaid recipients. If parents do not file timely claims, and minors are barred from recovery, then HCPF may be unable to recoup those funds, undermining the purpose of the Medicaid system.

In rejecting the prior rule, the court joined a growing number of jurisdictions that have recognized the right of minors to recover pre-majority medical expenses. The court concluded that both parents and children can be proper parties to recover such damages, provided no double recovery occurs.

The case was remanded for further proceedings consistent with the new legal standard.

Legal Support for Pediatric Medical Malpractice Claims

Medical malpractice cases involving children often raise unique issues related to who may recover costs and how damages are pursued. Our attorneys at Whitcomb, Selinsky, PC help families assess their options and prepare claims involving pediatric injuries and related medical expenses.