Stanton v. State Farm Mutual Insurance Automobile Insurance Company No. 11-cv-282-JPG-DGW 2011 WL 3678912 (S.D.Ill.Aug. 22, 2011) This case involved an attempt by a defendant insurer (State Farm) to include Medicare’s recovery contractor (MSPRC) on the settlement check in relation to the resolution of a wrongful death claim to ensure that Medicare’s interests were properly […]
Benson v. Sebelius Civil Action No. 09-1931 (RMU), 2011 WL 1087254 (D. D.C. March 24, 2011) This case involved a wrongful death and survival action. The parties settled the claim for $90,000, with 80% of that amount allocated for the wrongful death settlement award and 20% allocated for the survival claim. Medicare issued a final […]
Bradley v. Sebelius 621 F.3d 1330 (11th Cir., Sept. 29, 2010) This case involved a wrongful death action filed under the Florida Wrongful Death Act for alleged nursing home neglect. The decedent (Mr. Burke) was survived by 10 children. One of his daughters (Cardonvella Bradley) was named personal representative of the estate. Bradley filed a […]
U.S. v. Hadden No. 1:08-CV-10, 2009 WL 2423114 (D. W.D. Ky, Aug. 6, 2009) This case involved a pedestrian plaintiff, Mr. Hadden, who was struck by a utility truck as he was walking on a sidewalk. The accident was caused when an unidentified driver ran a stop sign thereby cutting off the utility truck causing […]
Tomlinson v. Landers, No. 3:07-CV-1180-J-TEM, 2009 WL 1117399 (D. M.D. FL April 24, 2009) AND Zaleppa v. Seiwell No. 219 MDA 2009, 2010 WL 4633467 (Pa. Super. Ct., Nov. 17, 2010) In these cases, the primary payer was insisting that the Medicare be a named payee on the settlement check (i.e. “putting Medicare on the […]
U.S. v. Harris No. 5:08 CV 102, 2009 WL 891931 (D. N.D. W. Va., March 26, 2009) This case arose from an incident in which Mr. Ritchea fell off a ladder. Mr. Richea hired Mr. Harris as his attorney to represent him on his personal injury claim. Mr. Harris filed an action against the ladder […]
Zinman v. Shalala 67 F.3d 841 (9th Cir. 1995) The Zinman case involved a class action law suit filed by Medicare beneficiaries challenging the amount of Medicare’s conditional payment recovery in the context of discounted third party tort (liability) settlements. The beneficiaries sued the Department of Health and Human Services (HHS) arguing that under the […]
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