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    • Proper Administration of a Medicare Set Aside

      Proper Administration of a Medicare Set Aside

      Administering a Medicare Set Aside When a case is settled for a Medicare beneficiary, be it workers’ compensation or liability, a Medicare Set Aside (MSA) may be implemented.  Once the decision is made to utilize an MSA, the question becomes […]

    • Earnouts – Seller Pitfalls And Risks

      Earnouts – Seller Pitfalls And Risks

      Earnouts are a traditional transaction structuring mechanism to help sellers and buyers of a company bridge valuations gaps. Earnouts are increasingly utilized in today’s current high valuation market. Earnouts helps sellers maximize the value of their enterprise, while at the […]

    • 3.6 Million Dollar Jury Award in Bard Blood Filter Lawsuit

      3.6 Million Dollar Jury Award in Bard Blood Filter Lawsuit

        A Phoenix, Arizona jury today found that C.R. Bard, a manufacturer of IVC blood filters should pay $3.6 million to plaintiff Sherri Booker who was 37 years old when a Bard G2 blood filter was implanted. Her blood filter […]

    • Biomet Hip Implant Lawsuits Continue

      Biomet Hip Implant Lawsuits Continue

      It wasn’t so long ago that medical device makers led us to believe that metal-on-metal hip implants would revolutionize the industry and provide a better, safer alternative to older implant designs. But the revolution was short lived and the metal-on-metal […]

    • Sorin Stockert 3T  Blood Heater Surgical Infection Lawsuits

      Sorin Stockert 3T Blood Heater Surgical Infection Lawsuits

      After linking dozens of non-tuberculous mycobacterial (NTM) infections in patients to blood heater-cooler devices, the the FDA issued a national safety communication in 2015. An additional safety communication followed in the summer of 2016 specifically noting Sorin’s Stockert 3T heater-cooler […]

    • Social Security Updates Exempt Asset List to Include SNTs and Able Accounts

      Social Security Updates Exempt Asset List to Include SNTs and Able Accounts

      SSI and Medicaid are both needs based government assistance programs which can be lost by receiving a personal injury settlement.  However, proper planning can avoid this result by making what would normally be a countable resource, exempt.   The Social Security […]

    • Who Is Responsible When a Self-Driving Car Has An Accident?

      Who Is Responsible When a Self-Driving Car Has An Accident?

      Who is responsible when a self-driving car hurts or kills someone? What are the laws that govern this type of crash and what will the future hold as it pertains to laws which may or may not protect consumers that have been hurt or killed by a self-driving car.

    • Fighting ERISA Liens Made Easy – Sort Of ….

      Fighting ERISA Liens Made Easy – Sort Of ….

      Many attorneys struggle with getting reductions on ERISA liens. The primary reason is lack of leverage and less than complete information. This blog post gives some tips on how to be better prepared to fight ERISA recovery contractors. The following are key points from this month’s blog post regarding ERISA liens:

      ERISA is a federal statute that protects self-funded employer-based health insurance plans from application of state law when they have a lien
      It is critically important to review an ERISA plan before negotiating a lien
      Use 1024(b)(4) request to put pressure on the ERISA plan
      Determine funding status – self funded versus insured
      Review Master Plan Document for subrogation language, don’t rely on the Summary Plan Document
      Get every piece of information you are owed from the ERISA plan prior to resolving the lien
      Follow our step by step plan discussed in the blog post
      Outsourcing lien resolution to those that specialize in fighting ERISA recovery contractors may give your client a greater reduction

    • Criminal Charges in Miami Pedestrian Bridge Collapse at Florida International University?

      Criminal Charges in Miami Pedestrian Bridge Collapse at Florida International University?

      CBS TV Interview of attorney Joseph H. Saunders Six people were killed in Miami, Florida last Thursday, March 15th, when a pedestrian bridge under construction fell on a major highway crushing cars traveling underneath.  The huge concrete bridge was next […]

    • DePuy Attune Knee Implant Lawsuit Update

      DePuy Attune Knee Implant Lawsuit Update

      Recently in the Legal Examiner (‘DePuy Attune Knee Implant Failures Continue’, February 28, 2018), I wrote of the unusually high rate of early failure of the tibial component in patients who have received a DePuy Synthes Attune knee replacement. A […]