Dan Rogers saves the day and brings light to a dark situation with a structured settlement geared to protect Medicare and the Plaintiff in a medical malpractice case.
Arcadia’s Consultant Dan Rogers shared this story:
I was asked to consult on a case where a 45-year-old claimed a failure to diagnosis her brain tumor. Plaintiff attorney was having issues with protecting Medicare’s interests as part of the settlement when there was no future Medicare covered treatment available as a result of this injury. The carrier would not settle without considering Medicare’s interests.
The adjuster asked me to call the plaintiff’s attorney and discuss both Medicare and structured settlements. The plaintiff’s attorney was definitely interested in a structure but was in a panic because they could not get any kind of response from Medicare/CMS. The client and attorney both wanted to move forward towards a settlement but could not because of the Medicare issue.
During our discussion, I informed the plaintiff’s attorney that there was a CMS Memo that had recently been released which covered this exact situation. We were able to get a letter from the plaintiff’s treating physician and document it in the settlement agreement which would consider Medicare’s interests as part of the settlement.
The case settled three days after I forwarded everyone the CMS memo. I am now working with the plaintiff and her father (Trustee of the Special Needs Trust) on a tailored plan that will make the settlement funds last a lifetime for this plaintiff.