Synergy uses Virginia’s anti-subro statute to reduce FEHBA repayment by 58% for a savings of $96,761.84
This case involved a federal employee who suffered major injuries as a result of medical malpractice. The plaintiff engaged a renowned Virginia trial attorney and eventually secured a settlement of $900,000. The plaintiff’s medical benefits were provided under a Federal Employee Health Benefit Act (FEHBA) Plan and that Plan, through its recovery agent Optum, demanded 100% repayment of the malpractice related medical benefits they had provided. Through the FEHBA Plan, Optum relied on federal preemption of Virginia’s anti-subrogation statute as the basis for their unreasonable demand. Confronting this situation plaintiffs’ counsel engaged Synergy to assist in the resolution of this matter. Within a week Synergy had countered Optum’s assertion of preemption, advised them of the possibility of Virginia’s anti-subrogation statute as a complete bar to their claim, and obtained a reduction of 58% for a savings of $96,761.84.