Blog

ERISA Recovery Litigation Against Personal Injury Counsel Allowed to Proceed

  • Blog
  • April 30th, 2020

Last month, the U.S. District Court for the Southern District of Ohio denied a plaintiff’s personal injury attorney’s motion to dismiss an ERISA plan’s action to seek reimbursement against him and his firm in McKesson v. Dillow, 2020 WL 1469461, Case No. 3:19-cv-164 (S.D. Ohio, March 25, 2020).

The facts are much like any other case in this context. Diana Dillow sustained catastrophic injuries as a result of a motor vehicle collision. She retained counsel, Douglas Brannon and the Brannon Law Firm, LLC, for her liability claim against the third party responsible for her injuries. Ms. Dillow’s counsel was successful in securing a pre-suit settlement from the tortfeasor’s carrier in the amount of $5.9 million.

Ms. Dillow was an eligible dependent under the McKesson Corporation’s health care plan (a self-funded ERISA plan) which asserted a lien for medical payments made in the amount of $2.1 million. The lien was asserted by McKesson’s recovery agent, the Rawlings Company, nearly a year prior to the case’s settlement.

Continue Reading
ERISA Recovery Litigation Against Personal Injury Counsel Allowed to Proceed
View More
Archives

Do You Have Questions Regarding Your Client’s Public Benefits Eligibility?

Give the Attorneys at Precision a call at 888.961.LIEN

Stay in the know.

We are dedicated to keeping attorneys informed about cases and changes in the law that will impact their practice. Subscribe to our newsletter to and gain access to analysis of the most recent case law & legislative updates impacting your practice, as well as information about upcoming events & seminars.


By submitting this form, you are consenting to receive marketing emails from: Paramount Settlement Planning, LLC, 3686 Seneca Street, Buffalo, NY, 14224, http://www.planningisparamout.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact