Where there is a likelihood of future Medicare inv
olvement, it is important that plaintiff’s counsel retain experts who are familiar with Medicare’s position.
As most trial lawyers know, when a personal injury lawsuit settles it is incumbent upon the parties to protect Medicare’s interests by: (a) repaying any Conditional Payments advanced by Medicare to pay for treatment related to the occurrence, and (b) taking reasonable good faith steps to make sure that Medicare is not going to be charged with paying for future treatment related to the occurrence, where the plaintiff was likely compensated for those future medicals in the settlement.
In this article Martin Jacobson, Esq. & Paul Isaac, Esq discuss how obtaining the right combination of professionals, including the Structured Settlement Consultant and MSA Professional will result in a smaller Conditional Payment payback; smaller MSA allocation; and more of the settlement available to the plaintiff for plaintiff’s discretionary use, and in many cases, will make settlement easier to achieve for plaintiff’s counsel.
Martin Jacobson is Vice President, General Counsel and a Founding member of Creative Capital Inc. He is also a licensed attorney in New York and New Jersey with extensive trial experience in both state and federal court.
Paul K. Isaac is a trial attorney and the founding member and managing partner of Precision Resolution LLC.