This case involves a deceased Medicare beneficiary who was injured and
eventually died as a result of medical malpractice. The date of the malpractice was December 1999, the case settled in 2003. Counsel for the heir began disputing and negotiating with Medicare immediately after settlement, but in 2005 Medicare referred the case to an attorney at the Department of Health and Human Services to begin prosecuting Medicare’s Conditional Payment recovery rights. In the following eight (8) years plaintiff’s counsel engaged a second attorney to assist with the Medicare conditional payment issue but this to prove futile and Medicare continued to demand a repayment. The second attorney retained over $42,000 of the original settlement in his firm trust account for the entire 8 years. In searching for options to resolve this matter, counsel engaged Synergy’s Lien Resolution Service. Employing experience and expertise, Synergy was able to obtain a complete waiver and file closure letter from Medicare within 90 days of beginning work. After waiting a decade from the end of the original litigation ,the heir is now able to finally put this matter to rest and is able to enjoy an additional amount of settlement proceeds previously thought lost to Medicare.