- July 21st, 2021
The consequence of this decision is that the potential pool from which Medicaid may recover is much larger, resulting in a much larger payback of the actual lien amount; and this case is a perfect example of what type of plaintiff will be affected: the 11th Circuit decision would disproportionately affect only the most severely injured individuals requiring extensive medical care beyond the date of a liability settlement.
- April 5th, 2021
We often see medical malpractice cases come our way where Plaintiff’s counsel has already reported a settlement to Medicare and received a closure letter, only to be surprised to learn that a new Medicare file has been opened upon the insurer’s mandatory Section 111 reporting, with a significant increase in the Medicare payments.
- November 20th, 2020
In this case, the available policy limit was only $1,000,000. There were three claims asserted under a Federal Employee Health Benefit (“FEHB”) Plan, which totaled approximately $240,000. The plaintiff required future coverage under the Plan, including several future surgeries and ongoing therapy.
Although the plaintiff had no issue securing the full policy limit, the large purported FEHB lien overshadowed the case and prevented settlement.
- October 11th, 2020
Defendants are directed to turn over the entire amount of the settlement recoveries, up to $38,262.19, to the plaintiff immediately upon receipt of this order or as soon as such funds become available.