Sipler v. Trans Am Trucking, Inc., et al., 2012 US Dist. LEXIS 109278 (U.S. Dist. Court for New Jersey, 7/24/2012). Facts: (Highlights): A settlement was reached for $225,000 on the eve of trial; No other terms were discussed at the time of settlement The injured...
Overview Humana, a Medicare Advantage Plan, used the Medicare Secondary Payer Private Cause of Action (42 U.S.C. Section 1395y(b)(3)(A) to bring suit against a self insured primary plan. The lawsuit was brought in Federal Court to recover damages for the failure of...
Does Medicare’s Reimbursement Claim Take Priority over Non-Medicare Beneficiaries Damages in a Common Fund Situation? No. In a recent decision by the 11th Circuit, an allocation order by a state court of a common settlement fund between Medicare beneficiaries and...
