U.S. v. Stricker
CV 09-BE-2423-E, 2010 WL 6599489
(D. N.D. Ala., September 30, 2010)
In December, 2009, Medicare filed a lawsuit (U.S. v. Stricker) in Federal District Court through which it sued the plaintiff law firms, the defendant corporations and their insurance carriers for their alleged failure to protect its interests regarding conditional payments in connection with a large tort settlement in 2003. As part of this action, Medicare claimed double damages against the primary payers.
This case was ultimately dismissed on the technical grounds of statute of limitations. The court applied the statute of limitations contained in the Federal Claims Collection Act and ruled that a three year statute of limitations governed Medicare’s action against the primary payers and that a six year statute of limitations applied in regard to the plaintiff law firms. Based on the facts, the court found that Medicare failed to file its action within the applicable statute of limitations.
To review a more detailed analysis of the court’s decision in this case, see the author’s article entitled U.S. v. Stricker Lawsuit Update: Analyzing the U.S. v. Stricker Lawsuit & the Court’s Ruling as contained in NuQuest/Bridge Pointe “Settlement News,” October, 2010. This article can be obtained at dev.nqbp.com.