As news of potential settlements
in product liability actions brought by women who developed blood clots as a
result of their use of the drugs Yaz, Yasmin, and Ocella begin to percolate
online and in national media reports, Plaintiffs whose cases have or may be
settled are confronted with a frustrating fact of modern litigation, i.e. that
the parties’ agreement to settle a case is only the initial step in the resolution
process. Once a settlement offer is
accepted by a Plaintiff, our office must then turn our attention to the
successful resolution of any government or private healthcare liens prior to
the release of any settlement monies.
The resolution of healthcare liens is a complicated, yet essential, role
of plaintiff’s counsel that helps us to protect our Client from exposure to
civil and criminal liability while also ensuring that the Client, the
person who was actually harmed as a result of the Defendant’s actions, receives
the maximum amount of compensation for her injuries.
Once a settlement agreement is
finalized between the Plaintiff and the Defendant, our firm must first take
steps to identify any potential private or governmental lien holders. On the government side this means seeking,
and receiving, confirmation from Medicare and Medicaid that the Client was, or
was not, entitled to the receipt of government healthcare benefits at the time
of her injury. Regardless of whether or
not the Client was entitled to government healthcare, we are required by law to
seek confirmation from federal Medicare and state Medicaid on each settled
claim. If a Client did receive
government assistance, we will review all medical bills associated with the
diagnosis and treatment of the Client’s injury and work with government
representatives to settle any outstanding liens. Oftentimes our office is able to settle
outstanding government liens for far less than the amount claimed.
If, like the majority of our
Clients, a Plaintiff was covered by private insurance at the time of her
injuries, it is still to her benefit for our office to identify and resolve
these liens prior to the release of settlement monies. Nearly all private insurance policies or
contracts contain language entitling the insurance provider to a right of
subrogation or reimbursement for the cost of treatment that was necessary due
to another party’s misconduct. While
state and federal law may not require that we attempt to resolve these
potential private liens at the time of settlement, insurers, hospitals, and
other providers may file a Complaint through the court system asserting their
right to reimbursement at any time for three to six years, depending on the
state where the Client resides, after the settlement of her product liability
or personal injury claim. The threat of
a suit initiated six years after settlement and the risk of a judgment for
thousands of dollars of medical bills presents a huge risk to our Clients which
we strongly encourage them to avoid through the resolution of private liens at
the initial settlement stage.
The process for resolving private
liens is nearly identical to the resolution of government liens. Our office will examine each potential claim
to determine whether the treatment provided was related to the injury suffered
by the Client. If a lien is determined
to be valid our office will negotiate with the insurer or providers to reduce
the amount owed and settle the lien for as little as possible in order to
maximize the monies that our Client will receive.
The lien resolution process is a
lengthy, time-consuming, but ultimately unavoidable aspect of modern civil
litigation. As a Client the most
important thing to remember is that our Firm’s timely and efficient resolution
of healthcare liens allows us provide you with peace of mind that you will not
be at risk of future claims from healthcare providers or insurers. Lien resolution also allows us to maximize
any potential settlement recovery to you by reducing the amount of claimed
medical expenses. As the process can
often take as long as six months, understanding that settlement is only the
beginning of the resolution of your case will enable you to plan for the
receipt of your settlement funds with confidence and security in the fact that
our Firm’s representation and work on your behalf does not end merely because
you have signed a Settlement Agreement.
We hope that this post has been
helpful in addressing any questions that you may have about the lien resolution
process. If you have additional
questions or concerns, please do not hesitate to contact our office and speak
with Associate Attorney Zachary Murry.
Also, if you are considering filing a claim for injuries suffered from
the development of a blood clot while taking Yaz, Yasmin, Ocella, or any
Drospirenone-containing oral contraceptive, and would like to know more about
the litigation, potential settlement, or receive a free case evaluation, please
contact us at (888)841-9623 or via email at Anneke@toledolaw.com.
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