Archive | March 2012

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Louisiana District Court on LMSAs

On Tuesday, March 13, 2012, the Western District of Louisiana heard arguments regarding a potential Liability Medicare Set-Aside (“LMSA”).  The argument was brought to the court on the “Motion for Determination of Need for, and the Amount of Medicare Set Aside.” While the court heard testimony from Plaintiff Warren Frank’s treating physician and his pharmacist, […]

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ERISA Liens – Plaintiffs’ Attorneys: What You Need to Know

There are three new cases in the ERISA subrogation world (and one pending decision) that you need to be aware of when settling a personal injury lawsuit.  As if the ERISA arena isn’t complicated enough, you need careful analysis to determine if these new cases help or hurt your case.    New, Favorable Cases for Plaintiffs’ […]

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MSPRC Website: Liability Medicare Set-Asides are NOT Required

Direct from the horse’s mouth (but I can’t take credit – thanks to the NAMSAP Listserv for this catch:                 This image is from – the website of Medicare’s agent.  It is just another argument that LMSAs are simply not required and cannot be required for Medicare […]

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