MASSIVE Reduces Malpractice Victim’s ERISA Lien to Zero

MASSIVE stepped in to resolve a lien after a cancer misdiagnosis lead to confusion regarding the preexisting need for treatment.

A Michigan plaintiff was told she had one type of cancer, received treatment for it, then was informed that she had been misdiagnosed with another type of cancer. The plaintiff began the correct form of treatment but rightfully brought a medical malpractice lawsuit against her health care providers for the misdiagnosis she had initially received.

However, the ERISA lien holder, using ERISA Plan language, sought reimbursement for the incorrect treatment the plaintiff had received originally. MASSIVE’s team analyzed these claims, proving that the cancer treatment (and payment for that treatment) would have been needed regardless of if a misdiagnosis had occurred.

After the ERISA plan offered a 1/3rd reduction of lien, MASSIVE concluded the reduction was insufficient and redoubled our reduction efforts. Ultimately, the lien holder agreed with our attorney’s determination and eliminated the entire lien, allowing the plaintiff to take home their full settlement of almost $630,000.

 

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