Our Lien Recovery Attorneys Will Ensure You Receive the Payment You Are Owed
Recover the money owed to you from medical liens
Too often, particularly in the context of a mass tort settlement, health insurance providers or other third party payers are left with the bill in cases of personal injury that should result in lien payments by the tort-feasor. While subrogation or reimbursement rights for a medical lien represent an excellent means for recovering these funds, a plan’s inability to efficiently and effectively identify the claimants, and lack of compliance and payment represent major obstacles to recovery of losses. Lowey Dannenberg, P.C. is a respected, resourceful and experienced firm in medical lien recovery and can help you recoup your losses.
Resourceful solutions to medical lien recovery problems
Our experienced team of AV Preeminent® rated attorneys has had ample success recovering medical liens at all stages of process from developing the law governing the keys to recovery to creating and administering lien recovery programs. Their successes with Lowey Dannenberg include:
- On June 28, 2013, Lowey Dannenberg won orders in companion cases directing GlaxoSmithKline to compile a database listing individuals who sued or entered into tolling agreements relating to Glaxo’s drugs Avandia or Paxil for matching against lists of members of Humana’s and UnitedHealth’s health benefit plans. The cases are: UnitedHealth Group, Inc. v. GlaxoSmithKline, LLC, Philadelphia CCP, December Term, 2010, No. 2871 and Humana Health Plan, Inc. v. GlaxoSmithKline, LLC, Philadelphia CCP, June Term, 2011, No. 3270.
- The United Stated Supreme Court denied a grant of certiorari to landmark decision for Humana and Louisiana Blue Cross establishing Medicare Advantage Organizations’ reimbursement recovery rights under the Medicare Secondary Payer Act, In re Avandia Marketing Sales Practices and Products Liability Litigation, 685 F.3d 353 (3d Cir. 2012), cert. denied, 12-690, 2013 WL 1500235 (U.S. Apr. 15, 2013). In a 31-page opinion, the Third Circuit found that the Medicare Secondary Payer Act provides Medicare Advantage Organizations like the firm’s client Humana, "secondary payers," a private cause of action against a "primary payer" like the tort-feasor GlaxoSmithKline. Humana sued Glaxo alleging that the secondary payer act required Glaxo to reimburse Humana and other MAOs for medical costs they had covered for thousands of patients allegedly harmed by Avandia, which has been linked to stroke and heart attack risk. The drug maker settled at least $460 million of personal injury claims stemming from Avandia use.
- Representing a group of the nation's largest health benefit plan providers, Lowey Dannenberg filed an injunctive action in the United States District Court for the Eastern District of Louisiana, and prosecuted our clients' lien claims through the District Court and Court of Appeals for more than twelve months, leading to a 2009 settlement establishing a new model for private lien resolution, unlike any previously utilized in a mass tort settlement. This settlement program was heralded by the District Court as a novel approach to the seemingly intractable yet recurring problem of how to deal with the interplay of Employee Retirement Income Security Act (ERISA) reimbursement rights with patients' privacy rights. The lien resolution program resulted in the payment to our clients of tens of millions of dollars in satisfaction of reimbursement liens. Avmed v. BrownGreer PLC, Case No. 08-30802 (E.D. La.) (United States District Judge Eldon Fallon).
- Through litigation and negotiation with mass tort defendants and plaintiffs’ counsel, the firm has established a number of Lien Resolution Programs providing to the reimbursement of our clients’ medical liens, including in the following mass tort cases:
- Yaz Products Liability Litigation, including litigation pending in the United States District Court for the Southern District of Illinois (MDL 2100), the Philadelphia Court of Common Pleas, the New Jersey Superior Court (Bergen County) and the Superior Court for the State of California.
- In re Hormone Therapy Products Liability Litigation
- In re Avandia (MDL 1871)
Lowey Dannenberg will handle all aspects of your medical lien recovery processes, including analyzing data to identify claims, dealing with legal counsel, filing necessary litigation and resolving the liens. We have the knowledge, experience and resources necessary to handle even the most complicated of lien recovery cases, which equates to higher recovery values for your institution. Further, in the event of an exceedingly complicated case, we will work beyond the normal scope of lien recovery to develop an innovative solution resulting in your financial benefit.
Contact Lowey Dannenberg to learn how your firm can collect its medical liens.
If you or your institution has been harmed, nationally-recognized Lowey Dannenberg has the experience needed to handle your complex litigation needs. Speak with an attorney at our offices in New York or Pennsylvania online or at 914-997-0500.