In the November 2024 case Wolf v. Williams, the District Court of Appeal of Florida, Fifth District affirmed the trial court’s ruling that rejected the defendant’s attempt to apply the new medical expense evidence restrictions (HB 837) under Florida Statute 768.0427 retroactively. The court's decision hinged on the explicit language of the statute's enacting legislation, which clearly states that the act applies only to causes of action filed after the effective date of March 24, 2023. Consequently, the court maintained that the preexisting medical billing evidence rules would continue to govern cases filed prior to the statute's effective date, preserving the plaintiff's ability to present medical expenses according to the legal standards in place when the case was originally filed.

While Wolf v. Williams provides controlling precedent, the legal landscape remains dynamic. As of this writing, there are at least 13 trial court orders from Broward, Hillsborough, Lee, Marion, Miami-Dade, and Palm Beach counties applying HB 837's provisions retroactively to past and future medical bills, which creates a fascinating dynamic against the Fifth DCA's ruling.

This emerging patchwork of judicial interpretations sets the stage for potential further appellate review, as legal professionals and courts grapple with the nuanced application of the tort reform statute and await definitive guidance from other district courts of appeal and ultimately the Florida Supreme Court on this critical issue.