Special Challenges in Managing Large Mass Tort Cases

Mass tort lien resolution can be an extensive process; however, you or the lien resolution administrator can take some significant steps to reduce the challenge. To start, you want to be prepared and get started early.

 

Before the claims administrator approves allocations for each plaintiff, the lien resolution administrator can establish global resolution programs with lien holders like Rawlings, Optum/Equian, Medicare, and even some states’ Medicaid systems. Without proper planning, HIPAA authorizations can be a problem once the lien resolution process starts. An incentive to avoid individual authorizations for each plaintiff in a mass tort is the single order that is a Qualified Protective Order (QPO). The QPO is where the Judge authorizes a specific party to receive information for all plaintiffs with just one signature. The judge’s own signature.

 

Another challenge is the notion that lien holders may ask for final allocation amounts for each plaintiff before it finalizes the lien. This process should be explained to clients in advance as it may cause delays in when distributions can be made to plaintiffs.

 

Mass tort cases can present some challenges as they work through the system. Preparation can reduce those concerns and make the post-settlement process a smoother one. Contact the experts at MASSIVE for all your lien resolution needs.

 

MASSIVE’S Co-Founder and Partner, Marcy Spitz, Esq. will present on the “Special Challenges in Managing Large Mass Tort Cases” on March 17 from 9:20 – 10:20 a.m. PST, along with a panel of mass tort professionals at the Class Action Law Forum (CALF).