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Over the years, we have helped our clients litigate hundreds of subrogation matters in federal courts throughout the United States in order to maximize subrogation recoveries. As the years have passed, we have been able to reduce litigation by showing opposing attorneys that we can litigate, if necessary, but would rather resolve the case without litigation. With the overwhelming number of published decisions in this area of law, this has really become a unique ability for us. While others might say they can litigate, nobody else can actually back it up like we can. A recent case illustrates this well.
In Mississippi, state law does not allow subrogation against a minor’s settlement. Federal courts, however, would almost certainly hold such a law preempted where the plan’s subrogation provision allows for subrogation against a minor. Last week, one of our clients had a case where the state court judge was communicating to us through opposing counsel (we would avoid, at all costs, subjecting our clients to the jurisdiction of a Mississippi state court) that he was not going to approve a settlement that paid anything to our client.
With the client’s approval, we filed an action in federal court and forwarded the complaint to opposing counsel. Within 24 hours, opposing counsel had taken the complaint to the state court judge and the judge approved the settlement with a payment that was satisfactory to our client. Showing the ability and willingness to litigate in federal court — usually without having to go all the way to judgment — is one of the many ways we help our clients make superior recoveries.
Healthcare Subrogation: Now Number Two of The "Three Rails"
I spoke on health care subrogation at the Self Funded Employer Congress in Los Angeles today. One of the panelists I spoke with pointed out that, as of 2008, subrogation has moved ahead of investments as the number two “contributor” to health plan finances. Only contribution amounts are ahead of subrogation.
Benefit Recovery has created an educational webinar to give employers tools to improve the performance of their health plans. If you would like to view the webinar, please leave a comment or email me at toml@lawrencerussell.com.
