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A recent Boston Globe article described a plaintiff in a significant lawsuit who was awarded $580,000 but netted virtually nothing after the deduction of fees, medical expenses and medical liens. Years ago, I blogged about a “lien” being not necessarily “lean”. There is no question but that liens can lead to very unfortunate results. Liens, such as those in a self-funded ERISA plan, do not require the lien-holder to lower or reduce the health plan’s lien. In fact, the United States Supreme Court in a recent case sadly upheld the right of the ERISA plan to reimbursement from a third party recovery even where the plaintiff would net nothing. US Airways v. James E. McCutchen 569 U.S. (2013). Arguments raising equitable doctrines were rejected because of relevant contract provisions. The court found that the agreement—calling for full reimbursement to the plan—and not equitable principles provides the measure of relief.
The Supreme Court discussed the policy behind what seems to be a draconian result. I endeavor to make sure that my clients do not walk away empty-handed. Sometimes the lawyer has to act equitably, even if the lien-holder doesn’t.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
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5.0/5.0Colleen Santora is the kind of attorney you want in your corner. She is incredibly attentive, sharp, and thorough, but what really sets her apart is that she gets things done. When you have Colleen representing you, you know your case is not going t...
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5.0/5.0
Colleen was amazing. I appreciated her professional expertise and her dedication to helping me get a fair settlement. I am so glad she was my attorney and I highly recommend her.
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5.0/5.0
My lawyer at this firm was Colleen, she is amazing! Everything was explained to me from the beginning, timeframe was awesome. She is a very knowledgeable lawyer. I would recommend this Law Firm.
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5.0/5.0
I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...
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5.0/5.0
Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...
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