Lien Resolution Success

lien resolution

In depth review of plan language did not support the healthcare lien. MASSIVE reduced a $1.3 million Anthem Blue Cross Blue Shield lien to $10,000 after a California plaintiff was severely burned in a house fire.  In addition to burns, the plaintiff suffered permanent disfigurement, chronic asthma and respiratory complications along with emotional injuries.  While…

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MORE with MASSIVE

MASSIVE’s Mass Tort Team eliminates a $114,058.70 lien for a 2004 hip replacement.  Our Mass Tort team was recently retained by a Kentucky Law Firm to resolve a self-funded ERISA lien handled by United Healthcare.  Over time, the plaintiffs’ bones and joints around the hip were infected as metal shards were entering the bloodstream.  The…

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Montanile: An Option to Defeat ERISA Liens

Plaintiffs finally have their ERISA victory. With the increasing power the U.S Supreme Court has given to self-funded ERISA Plans, its decision in Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan, 136 S. Ct. 651 (2016) was a welcome surprise for plaintiffs.  Prior to Montanile, beneficiaries had to rely on an…

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Utah State Bar Opinion Allows Outsourcing Lien Resolution Cost to Plaintiffs

Did you know that your law firm doesn’t have to pay for a lien resolution service? According to the Utah State Bar (among others), a lien resolution service may be outsourced and treated as a client cost. See Utah State Bar Ethics Opinion Number 14-01 (January 2014). The State Bar said: It is ethical for…

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Misconceptions: It’s Not a Valid Lien Unless They Put Me on Notice

Misconceptions: It’s Not a Valid “Lien” Unless They Put Me on Notice The most troubling “liens” are the ones that come up unexpected.  But why do liens come up without warning? For starters, we have to remind you that we all use the term lien loosely.  Most of the time we are not dealing with…

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ERISA, ERISA, ERISA!

In lien resolution (or subrogation, or reimbursement) ERISA means nothing.  Let’s get that out of the way.  Health plans can scream “ERISA!” at the top of their lungs.  It still means nothing. This is an issue we run into often.  I like the way this ERISA lien case was handled, so I will share a…

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