This is a case wherein a plaintiff, while recovering from hip replacement surgery, was dropped during a bed transfer at the rehabilitation facility. The plaintiff engaged counsel and was able to secure a settlement in the amount of $140,000.00. The plaintiffs’ medical care had been provided by a self-funded ERISA Plan who wanted full repayment in the amount of $66,306.89. After negotiating with the ERISA Plan’s recovery vendor, Optum, for nearly a year and half plaintiff’s counsel was able to secure a reduction in their demand to $35,000.00. Believing this repayment amount was still inequitable, and knowing that Synergy would only charge a fee on any additional reduction beyond the $35,000.00, he engaged Synergy Lien Resolution Services to assist. Within three months Synergy used 29 U.S.C. 1024(b)(4), as well as other time tested reduction tactics, to force a further reduction from Optum. The result was a repayment demand 57% lower than the experienced trial attorney could achieve in less than 20% of the time. The final repayment amount was $20,000.00.
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