This case involves a self-funded ERISA plan participant who was injured in a motor vehicle accident on I-4. The plaintiff suffered major injuries when the vehicle in which she was traveling in was forced by the impact of rear-end
collision underneath a semi-truck stopped in traffic in front of her. The plaintiff incurred medical bills in excess of $18,000.00. Counsel for the injured plaintiff was able to obtain a total of $45,000.00 in settlement from all sources of insurance. The self-funded ERISA plan asserted a reimbursement claim in the amount of $18,729.92 and demanded 100% repayment. Counsel for plaintiff was unable to obtain any reduction, even for fees and costs, so counsel turned to his trusted partner for lien resolution, Synergy Lien Resolution Service. Despite the recent U.S. Supreme Court opinion in U.S. Airways v. McCutchen, which states that no reduction for attorney fees or any equitable principle is required by self-funded ERISA plans, Synergy was able to reduce the repayment by 68% for a savings of $12,729.92.