Medicare and Alabama Medicaid Liens Waived after Persistent Arguments from MASSIVE

MASSIVE reduced over $107,000 in Medicare and Alabama Medicaid liens to zero. The underlying case involved nursing home negligence case where an Alabama woman sustained stage IV pressure ulcers leading to her death. Medicare claimed a $40,271.89 lien and Alabama Medicaid claimed a $67,785.88 lien from a modest settlement. While the firm was unable to prove the death was directly related to the negligence, it pursued a Wrongful Death lawsuit against the providers. This filing forced these lien holders to honor the litigation.


Each State has different rules on what can be claimed in a Wrongful Death lawsuit. In Alabama, a wrongful death lawsuit cannot claim medical treatment in the suit. Based on the underlying statutes, Medicare and Medicaid are only able to make a recovery from any medical recovery. Since this Wrongful Death settlement did not include any medical, there could be no recovery. Initially, both Medicare and Medicaid denied MASSIVE’s argument, but we fought on for the firm and Estate and finally received confirmation that both lien holders were waiving its liens.


“It is important to have a good understanding of federal law and the laws of each State when dealing with lien holders” said John Buford, Single Event Lead Attorney at MASSIVE. “Our experience dealing with both Medicare and Medicaid combined with our legal knowledge and perseverance allowed us to secure a complete waiver from Medicare and Medicaid for the law firm and the family of the client. Wrongful Death statutes vary from State to State and knowing how these statutes work with liens ensures that your clients are keeping the most money in their pocket and not the lien holder.”


Let MASSIVE’s expert attorneys look over your liens! We have years of lien resolution experience and can help get a better result for you and your clients. Login to our Live Data Portal and upload your cases today or contact us at (833) 466-2774 or [email protected].