Attorneys and Mass Tort Cases

Mass torts involve hundreds and sometimes thousands of claimants that may be involved in a medical device malpractice, product liability, pharmaceutical lawsuit, or a large-scale catastrophe. When you are dealing with mass tort cases involving hundreds or thousands of claimants with lien obligations, this can be a tall order for your busy law firm.

In this short article, our lien resolution experts would like to provide some insight into your responsibilities in mass tort cases.

Helping Your Clients Succeed

Representing a plaintiff involved in mass tort litigation legally requires you to ensure that your clients understand their obligations and options before receiving their settlement funds. Your clients should be properly educated on protecting their assets and securing their financial futures in regard to their future government benefit eligibility. If your firm is not equipped to properly resolve your clients’ liens, both you and your clients can incur severe penalties, and they may lose their settlement proceeds.

Contacting Lien Holders

Certain lien holders have to be contacted in a mass tort settlement. These entities include Medicare, Medicaid, Medicare Part C (also known as Medicare Advantage), and Private Insurance. This may also include fully insured plans and self-funded ERISA plans. Affirmative obligations vary based on the lien resolution terms of the master settlement agreement.  However, Medicare and the Medicaid agencies of every state must be contacted to determine a claimant’s eligibility and obligations under the government programs. Mass tort cases involve complex compliance requirements and rules. There are also unique challenges involved in the legal and regulatory issues that surround mass tort litigation.

Partner With an Expert for Mass Tort Cases

A lot of back and forth communication is required between plaintiffs and the Centers for Medicare and Medicaid Services (CMS). This can be daunting, which is why many plaintiffs and their attorneys decide to retain the services of lien resolution services partner to handle the negotiations. Partnering with a third-party such as Synergy Settlement Services positions your clients for a favorable outcome. Rest assured that our lien resolution experts have extensive lien resolution experience and can resolve large-scale liens efficiently. The benefits of working with an expert include a streamlined administration process, minimized costs, maximized recovery, and reduced settlement funding time.

Full state and federal compliance is critical. Federal and state compliance requirements and guidelines change constantly. Do not expose your firm to penalties for noncompliance. An expert settlement firm such as ours can ensure that you successfully navigate the complexities of the mass tort settlement planning and administration process.

For more information about our lien resolution services or to schedule a consultation, please submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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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.

Understanding Structured Settlements and Medicare Set-AsidesThird Thursday Webinar Series

The parties agree that a Medicare Set-Aside is needed, now what? In this month's webinar, presented by Synergy CEO, Jason D. Lazarus, you will learn about the process basics for setting up a set aside including MSA allocations, funding mechanisms for set-asides, post-settlement administration as well as an overview of the process to make sure you close the case compliantly.

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