Wis. Stat. » CHAPTER 655 — HEALTH CARE LIABILITY AND INJURED PATIENTS AND FAMILIES COMPENSATION
Wisconsin Statutes

Wis. Stat. § 655.015 (2026)

Future medical expenses

✓ current as of July 2026
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655.015655.015 Future medical expenses. If a settlement or judgment under this chapter resulting from an act or omission that occurred on or after May 25, 1995, provides for future medical expense payments in excess of $100,000, that portion of future medical expense payments in excess of an amount equal to $100,000 plus an amount sufficient to pay the costs of collection attributable to the future medical expense payments, including attorney fees reduced to present value, shall be paid into the fund. The commissioner shall develop by rule a system for managing and disbursing those moneys through payments for these expenses, which shall include a provision for the creation of a separate accounting for each claimant’s payments and for crediting each claimant’s account with a proportionate share of any interest earned by the fund, based on that account’s proportionate share of the fund. The commissioner shall promulgate a rule specifying the criteria that shall be used to determine the medical expenses related to the settlement or judgment, taking into consideration developments in the provision of health care. The payments shall be made under the system until either the account is exhausted or the patient dies.
655.015 HistoryHistory: 1975 c. 37; 1977 c. 29; 1979 c. 34, 154; 1983 a. 158; 1985 a. 340; 1991 a. 214; 1995 a. 10.
655.015 Cross-referenceCross-reference: See also s. Ins 17.26, Wis. adm. code.
Notes of Decisions
Cited in 12 cases, 1978–2007 · leading case: Ferdon Ex Rel. Petrucelli v. Wisconsin Patients Comp. Fund, 2005 WI 125 (Wis. 2005).
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Ferdon Ex Rel. Petrucelli v. Wisconsin Patients Comp. Fund, 2005 WI 125 (Wis. 2005). · cites it 28× “The Fund also moved to have that portion of the award for future medical expenses exceeding $100,000 deposited into a state-administered fund pursuant to Wis. Stat. § 655.015 . ś 6. The circuit court granted both of the Fund's motions.”
State Ex Rel. Strykowski v. Wilkie, 261 N.W.2d 434 (Wis. 1978). · cites it 7× “Sec. 655.015, Stats. That portion of the award for future medical expenses in excess of $25,000 is to be paid to the future medical expenses fund [9] and to be disbursed in periodic payments for these expenses until the amount is exhausted or the patient dies.”
Manke v. Physicians Ins. Co. of Wisconsin, Inc., 2006 WI App 50 (Wis. Ct. App. 2006). · cites it 5× “19 The Mankes also apparently wish to challenge Wis. Stat. § 655.015 on several constitutional grounds.”
Guzman v. St. Francis Hosp., Inc., 2001 WI App 21 (Wis. Ct. App. 2000). · cites it 4× “[1] The circuit court also declared that "the provisions of Wis. Stat. § 655.015 relating to damages for future medical expenses in excess of $100,000 in medical malpractice cases are constitutional.”
Manitowoc Pub. Schs. Self-Insured v. Wisconsin Patients Comp. Fund, 2003 WI 98 (Wis. 2003). · cites it 2× “27 "create[s] a patients compensation fund for the purpose of paying that portion of a medical malpractice claim which is in excess of [the limits expressed in the chapter]" for "paying future medical expense payments under § 655.015" and for "paying claims under" § 655.”
Donna Reilly, Etc. v. United States, 863 F.2d 149 (1st Cir. 1988). “Periodic damage awards are permissible in lieu of lump sums in certain situations. They can be made, for instance, if a controlling statute permits, see, e.”
Jackie Davis, by Next Friend, Edward Davis v. Jellico Cmty. Hosp. Inc. William Stafford, M.D., 912 F.2d 129 (6th Cir. 1990). “While several state legislatures have established structured damage awards with built-in contingencies for deaths well before a plaintiff’s expected life span, e.”
Nw. Gen. Hosp. v. Yee, 339 N.W.2d 583 (Wis. 1983). · cites it 2× “Section 655.015 provides for the delayed disbursement of future medical expense awards of greater than $25,000.”
Boyd v. Bulala, 672 F. Supp. 915 (W.D. Va. 1987). “7 (West 1980); Wis.Stat.Ann. § 655.015 (West 1980). Virginia law, which governs in this diversity action, contains no such provision, and this court will not enact one in the guise of granting a Rule 60 motion.”
Zak v. Zifferblatt, 2006 WI App 79 (Wis. Ct. App. 2006). · cites it 8× “015 provides: If a settlement or judgment under this chapter resulting from an act or omission that occurred on or after May 25, 1995, provides for future medical expense payments in excess of $100,000, that portion of future medical expense payments in excess of an amount equal…”
Estevez v. United States, 74 F. Supp. 2d 305 (S.D.N.Y. 1999). “7(a) (West 1987); Wis. Stat. Ann. § 655.015 (West 1980 & Supp.”
Fonseca v. United States, 474 F. Supp. 2d 1011 (E.D. Wis. 2007). · cites it 6× “As is relevant to the present case, Wis. Stat. § 655.015 , a section of Chapter 655, which governs medical malpractice, requires that if a judgment includes an amount over $100,000 for future medical expenses, the portion in excess of $100,000 be paid into an account in a state…”
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