Converting MERIT Reports Into Trial Exhibits

James Wong — Founder & CEO, LienScripts | March 26, 2026 | 9 min read

The MERIT report and pharmacy dispensing records contain the evidentiary foundation for pharmacy cost testimony at trial. Converting these documents into properly formatted, authenticated trial exhibits requires specific preparation steps that should begin well before the trial date.

Converting MERIT Reports Into Trial Exhibits

The MERIT report and pharmacy dispensing records are designed to support settlement negotiations and demand packages, but they also contain the evidentiary substance needed for trial. Converting these documents into properly formatted, authenticated trial exhibits — admissible under the rules of evidence — requires specific preparation steps that PI attorneys should begin no later than 60 days before trial. The difference between pharmacy costs that survive a motion in limine and pharmacy costs that are excluded often comes down to exhibit preparation, not the underlying clinical merit.

• The MERIT (Medication Evaluation & Rationale for Injury Treatment) report from LienScripts contains pharmacist-verified clinical narratives that serve as the foundation for trial exhibit preparation
• Pharmacy dispensing records must be authenticated through a custodian of records declaration — LienScripts provides these upon request
• According to James Wong, PharmD, founder of LienScripts, the MERIT report should be reformatted into exhibit-ready documents that separate clinical justification from billing summaries
• Defense motions in limine targeting pharmacy costs focus on authentication, foundation, and relevance — all of which are addressable with proper preparation
• Visual timeline exhibits that map prescriptions to injury milestones are among the most effective pharmacy cost exhibits at trial

Why Trial Exhibit Preparation Matters

In settlement negotiations and mediation, the MERIT report and dispensing records can be presented informally. The mediator or adjuster reviews them without formal authentication requirements.

Trial is different. Every exhibit must be:

1. Authenticated — a qualified witness must establish that the document is what it purports to be
2. Relevant — the exhibit must tend to prove or disprove a fact at issue
3. Not unduly prejudicial — the probative value must outweigh potential prejudice
4. Foundation-supported — business records require a custodian or qualified witness to establish the record-keeping foundation

Pharmacy costs that are clinically legitimate but presented without proper exhibit preparation will not survive defense objections.

[!KEY] Defense counsel files motions in limine to exclude pharmacy cost evidence in approximately one-third of PI cases that go to trial. The basis is almost always authentication or foundation — not clinical merit. Proper exhibit preparation eliminates these procedural grounds for exclusion.

Exhibit 1: Authenticated Dispensing Records

The pharmacy dispensing record is a business record under the applicable hearsay exception. To qualify, it must be accompanied by a custodian of records declaration establishing that:

• The records were made at or near the time of dispensing
• The records were made by or from information transmitted by a person with knowledge
• The records were kept in the regular course of pharmacy business
• It was the regular practice of the pharmacy to make such records

LienScripts provides custodian of records declarations that satisfy these foundational requirements. Request the declaration at least 45 days before trial to allow time for formatting and filing.

Formatting for trial: Organize dispensing records chronologically. Create a summary exhibit that lists each dispensing event with date, medication name, strength, quantity, prescriber, and cost. This summary — offered alongside the underlying records — allows the jury to understand the pharmacy timeline without reviewing raw dispensing data.

Exhibit 2: MERIT Report as Clinical Foundation

The MERIT report is a pharmacist-authored clinical document. At trial, it can serve multiple evidentiary functions:

As a business record: If the MERIT report is prepared as part of LienScripts' standard clinical documentation process, it may qualify as a business record with appropriate custodian foundation.

As an expert report: If a pharmacist will testify at trial, the MERIT report can serve as the basis for expert testimony regarding medical necessity, pharmacological rationale, and causation.

As a demonstrative exhibit: Elements of the MERIT report — medication timelines, clinical narratives, mechanism-of-action explanations — can be reformatted into demonstrative exhibits that illustrate expert testimony.

[!TIP] Discuss with LienScripts whether a pharmacist from the LienScripts team is available to provide expert testimony or a trial declaration. The pharmacist who authored the MERIT report can provide the most authoritative foundation for the clinical narratives contained in the document.

Exhibit 3: Medication Timeline

Create a visual timeline exhibit that maps each prescription to the corresponding injury event:

• Accident date (starting point)
• ER visit and initial prescriptions
• Diagnostic imaging dates and findings (MRI showing herniation, X-ray showing fracture)
• Specialist referral dates
• Each new prescription start date linked to the triggering diagnosis
• Medication changes (dose adjustments, new medications added, medications discontinued)
• Treatment milestones (surgery dates, physical therapy start, return to work)

This timeline demonstrates that the medication regimen developed in response to documented clinical developments — not speculatively. Jurors who see the timeline understand the treatment progression intuitively.

Exhibit 4: Medication Category Summary

Group medications by therapeutic purpose and create a summary exhibit:

This summary helps jurors understand why the patient required multiple medications — each addresses a different injury component — and counters the defense narrative that multiple prescriptions equal over-treatment.

Defending Against Motions in Limine

Defense counsel will attempt to exclude pharmacy cost evidence through pre-trial motions. Common grounds and responses:

"The dispensing records are hearsay." Response: The records qualify under the business records exception with a proper custodian declaration from LienScripts.

"The MERIT report is inadmissible expert opinion without live testimony." Response: Either (a) present the MERIT report through a testifying pharmacist expert, or (b) offer it as a business record of LienScripts' standard clinical documentation process.

"The pharmacy costs are irrelevant because they could have been covered by insurance." Response: The collateral source rule prevents the defense from introducing evidence that the plaintiff had insurance. The pharmacy lien is a component of the plaintiff's damages regardless of other coverage.

"The costs are unreasonable." Response: Reasonableness is a question of fact for the jury, not a threshold admissibility question. The MERIT report and dispensing records provide the foundation for the jury to assess reasonableness.

[!KEY] File a pre-trial brief supporting the admissibility of pharmacy cost evidence before the defense files its motion in limine. Being proactive with authentication and foundation arguments prevents the court from treating pharmacy costs as a contested evidentiary issue.

Preparation Timeline

• 60 days before trial: Request authenticated records and MERIT report from LienScripts
• 45 days before: Confirm custodian declaration availability; discuss pharmacist testimony
• 30 days before: Create demonstrative exhibits (timeline, category summary)
• 21 days before: File pre-trial brief supporting pharmacy cost admissibility
• 14 days before: Respond to any defense motions in limine targeting pharmacy evidence
• 7 days before: Finalize exhibit formatting and numbering

Frequently Asked Questions

Contact LienScripts to discuss trial exhibit preparation and pharmacist testimony for your case.

Related Resources

• What Is a MERIT Report?
• Trial Preparation: Pharmacy Evidence for PI Cases
• Expert Witness Pharmacy Testimony in PI Cases
• How to Use Pharmacy Records in Your Demand Package