Monthly Archives: April, 2013

Back to the Future: U.S. Airways v. McCutchen

On April 16, 2013, the United States Supreme Court clarified how equitable principles interact with the plan language of self-funded ERISA health plans.  The question presented to the Court was: Should the principles of “common fund,” often referred to as a reduction for attorney fees, and “made whole,” the principle requiring full compensation to the injured party before subrogating parties are allowed to recover, overcome express plan language abrogating those principles? Sadly, the Court has ruled that they should not.

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From Roger Baron: 9th Circuit Holds Private Medicaid Insurer’s Reimbursement Claim in Not Permitted by Federal Statute

Reprinted with Permission from Roger Baron

The 9th Circuit Court of Appeals recently handed down its decision in Parra
v. PacifiCare of Arizona
, No. 11-16069, holding that a private insurer
operating as a Medicare Advantage Organization Plan is not permitted to bring
an action in federal court seeking reimbursement for $136,630.90 from a tort
settlement secured by survivors of the deceased in a wrongful death action

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Vioxx Settlement Recipients May Be On Their Own For ERISA Lien Resolution

Families and individuals injured by Vioxx may still have lien claims to resolve despite the Lien Resolution Administrator’s attempt to manage these claims.  In a December 4, 2012 ruling the United States District Court, E.D. Louisiana denied the motion of approximately forty six (46) insurance companies to have their lien claims resolved from the Vioxx settlement fund.

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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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