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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 Has been amazing throughout this whole process. I am 100% satisfied with how she has been there and represented me.
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5.0/5.0
I worked with Perry Feinberg, as my personal injury attorney for an auto accident, Perry was very responsive, and available to answer all my questions. They are good at communicating with you and keep you informed. I’m finally able to put this acc...
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5.0/5.0
Some of the best lawyers I have ever had very caring and friendly they helped me and my family tremendously, I would 100 percent recommend them and not look any further they will get the job done.
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5.0/5.0
Colleen Santora and Robert Feinberg at Feinberg and Alban treated my husband and I like family. Their concern for us felt personal and genuine. Colleen and Rob always kept on the details of my case fighting for me and guiding me along during a stress...
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5.0/5.0
Colleen was excellent to work with- great communication from start to finish. Highly recommend!
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