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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 was absolutely amazing to work with! She made the entire process much less stressful and helped me every step of the way. Very happy!
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5.0/5.0
Nothing but great things to say. Colleen was amazing, she made the process stress free and always communicated well, and in a timely manor. she was very helpful with any questions I had, and was overall wonderful to work with. I highly recommend.
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5.0/5.0
Nothing but ALL GOOD THINGS! Colleen always got the answers I needed when I needed them, always responded to every text and call, and did it every time with a smile (I always imagined )! When I was getting antsy, she calmed my nerves, and when I made...
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5.0/5.0
Colleen is a Wonderful lawyer and communicated with us throughout the whole process and answered emails and phone calls in a timely manner. We highly recommend this law firm and Colleen Santora!
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5.0/5.0
Perry Feinberg represented me in a personal injury case. He was always accessible and very clear in his communications. I was very upset when the process commenced because thinking about the accident upset me greatly, but Perry was extremely patient ...
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