Miller v. Beebe Medical Center

── Miller v. Beebe Medical Center ── Court: Superior Court of Delaware Date: May 20, 2026 Category: General IN THE SUPERIOR COURT OF THE STATE OF DELAWARE SHERYL MILLER, Individually, and ) as Personal Representative of the ) ESTATE OF KEVIN G. MILLER, ) ALICIA SNEAD, HEATHER ) DONALDS, and MATTHEW ) MILLER, ) C.A. No. N24C-02-306 CLS ) Plaintiffs, ) ) v. ) ) BEEBE MEDICAL CENTER, INC., ) GITA PILLAI, M.D., CLINIC BY ) THE SEA, LLC, and DIAMOND M. ) MICIELLI, FNP, ) ) Defendants. ) Date Submitted: May 12, 2026 Date Decided: May 20, 2026 ORDER Having considered Beebe Medical Center, Inc.’s (“Beebe”) Motion in Limine,1 adopted and joined by Clinic by the Sea, LLC and Diamond M. Micielli, FNP (“FNP Micielli”) (collectively, the “Cardiology Defendants”),2 and Plaintiffs’ Response in Opposition,3 it appears to the Court that: 1 See generally Def.’s Beebe Med. Ctr.’s Mot. in Limine, D.I. 97 (“Mot. in Limine”). 2 See Defs.’ Clinic by the Sea, LLC’s and Diamond M. Micielli, FNP’s Notice of Joinder to Def.’s Beebe Med. Ctr.’s Mot. in Limine, D.I. 115. 3 See generally Pls.’ Resp. to Def.’s Beebe Med. Ctr.’s Mot. in Limine, D.I. 109 (Pls.’ Resp.”).  1. On April 24, 2022, Kevin G. Miller (“Decedent”) passed away from cardiac arrest following an elective shoulder surgery.4 Plaintiffs assert damages for medical bills and expenses concerning the Defendants’ alleged medical negligence in the treatment and care of Decedent.5 2. For context, Decedent’s wife and Plaintiff in this action, Sheryl Miller (“Mrs. Miller”), was employed by Beebe from 1997 until 2013.6 When Mrs. Miller retired, she enrolled in the Beebe Healthcare Employment Benefit Plan (the “Plan”).7 Highmark Blue Cross Blue Shield Delaware (“Highmark”) was the health insurance provided by the Plan.8 Decedent was a beneficiary under the Plan.9 Mrs. Miller testified that under the Plan, she was reimbursed for healthcare expenses that Medicare did not cover through “Via Benefits, which Beebe uses.”10 3. On July 24, 2024, Conduent informed Plaintiffs’ counsel that it had a lien on the medical expenses related to Decedent’s care and treatment that is at issue here.11 On August 2, 2024, Plaintiffs’ counsel wrote a letter to Beebe’s counsel to confirm that direct contact with The Phia Group and Conduent was permissible to 4 See generally Am. Compl., D.I. 29. 5 Id. 6 Pls.’ Resp., Ex. 1 at 3. 7 Id. at 22–23. 8 Mot. in Limine ¶ 2, Ex., A. 9 Id. 10 Pls.’ Resp., Ex. 1 at 22. 11 Id. at Ex. 2. obtain information on the lien for Decedent’s care.12 On May 5, 2025, The Phia Group issued a letter on behalf of the Plan and Highmark, stating that “we have closed our file and are no longer pursuing a lien” on Mr. Miller’s claims for medical expenses.13 4. On February 27, 2026, Beebe filed a Motion in Limine to exclude Decedent’s medical bills and/or liens. Beebe argues, and the Cardiology Defendants agree, that because Beebe created the Plan that “furnished or caused to be furnished the payment of [D]ecedent’s medical bills[,]” Beebe is connected to the source of payment as an alleged tortfeasor, and the collateral source rule does not apply to it.14 5. On March 27, 2026, Plaintiffs responded in opposition. Plaintiffs argue that Beebe is not connected to the collateral source within the meaning of the rule becaus