By Guest Author Rasa Fumagalli, J.D., MSCC, CMSP-F – Director of MSP Compliance Services The interplay between the Medicare Secondary Payer Act (MSPA) and Florida’s medical malpractice statute, Fla. Stat §§ 766.207 and 766.209 was addressed in the recent case of Gordon v. Azar, 2021…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services You are handling a third-party liability case and you know your client had health insurance that paid the medical expenses. Should you check to see if there is a lien…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services The dreaded ERISA lien. The vendors representing ERISA self-funded health plans’ interests certainly want you to believe that it must be reimbursed in full. They will cite the US Airways…
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC The following is adapted from The Art of Settlement. Heidi Ahlborn was injured in a very serious car accident in January of 1996. At the time, she was a nineteen-year-old college student pursuing a degree in teaching.…
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC The following is adapted from The Art of Settlement. In 1974, President Ford signed the Employee Retirement Income Security Act (ERISA) into law. According to the US Department of Labor, ERISA “protects the interests of employee benefit…
I’m excited to announce that my new book, The Art of Settlement, officially launched this week. It is already an Amazon best seller! What is The Art of Settlement? The regulatory landscape of the personal injury lawyer has become exceedingly complicated. Assisting clients with catastrophic disabilities…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services Medical liens or reimbursement demands are generally an unwelcomed part of the whole recovery process for personal injury attorneys. It’s the case after the case. The target is always…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services In Publix Super Markets, Inc. v. Figareau et. al., Case No. 8:19-cv-545, 2019 WL 6311160 (M.D. Fla. Nov. 25, 2019), the Court permitted an ERISA self-funded health plan’s equitable lien claim…
By Guest Author Michael Walrath, Esq. – Director of Synergy’s Medical Bill Clinic Some of the most frustrating and murky issues facing attorneys representing injured clients stem from alleged direct provider “liens” against settlement proceeds. The positions of various state bar associations on these issues,…
By Michael Walrath, Esq. State hospital lien statutes and the case law interpreting them vary widely. What attorneys need to consider with the 2018 federal ruling regarding hospital price transparency. Plaintiff lawyers and injury victims are often required to resolve hospital liens and debts which…
