Monthly Archives: December, 2012

Holiday Season Hope for Reducing ERISA Subrogation Repayments

This holiday season has brought hope that the recovery rights of self-funded ERISA plans will be evaluated in the light of reality, rather than by operation of “magic” language. In Iron Workers v. Dinnigan, (S.D.N.Y. Nov. 21, 2012), 2012 WL 5877426, the court, citing U.S. Airways v. McCutchen, 663 F.3d 671 (3d Cir.2011), chose to apply the “common fund” doctrine and reduced the self-funded ERISA plans recovery to 75 percent.

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“Synergy is our guiding light for deferring our contingent legal fees and planning for retirement. The lawyers at Panter Panter & Sampedro, myself included, have been working with them for over ten years using different methods to defer comp and plan for retirement.”

Brett Panter
Panter, Panter & Sampedro

"I don't think I've directly said "thank you" for helping us with Bridgett’s case. We sent the reduced payment to Medicaid and called Bridgett's mom to tell her approximately how much money was going to be left for Bridgett and she broke down over the telephone. Given only $25k of insurance and a $850k medical bill from the hospital she didn't think Bridgett would ever see a penny."

Tom L. Copeland
Jeffrey Meldon & Associates, P.A.

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