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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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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