If you filed a claim for survival damages, or the wrongful death lawsuit or statute permits you to recover medical expenses, then the Medicare lien is required to be paid from the settlement proceeds. But if your claim was filed only for the decedent’s wrongful death, and not for the right to seek reimbursement of medical expenses, then the Medicare lien does not have to be paid from the proceeds of the wrongful death settlement.

The Department of Health and Human Services manages the Medicare program, which was established to pay the medical expenses of certain people. If a Medicare recipient was injured by a third party, then any payment by Medicare to cover the recipient’s medical bills is considered provisional, and Medicare must be repaid if the third party’s liability insurer subsequently pays for those expenses.

In Hall v. United Security, 2012 IL App (1st) 112158-11, the defendants made a motion to include Medicare as a payee on the check in settlement of a wrongful death action. The lawsuit did not consist of a claim covered by the Illinois Survival Act, and the trial court sided with the plaintiff. Upon filing an appeal, the defendants contended that exclusion of Medicare from the settlement check left them susceptible to a lawsuit from the federal government for funds expended by Medicare for the decedent’s medical expenses. But the Appellate Court declined to accept the defendants’ contention.

At first, the court recognized the difference between a claim filed under the Survival Act, and one filed under the Wrongful Death Act. The court determined that the Illinois Wrongful Death Act permits damages to be recovered only when they were sustained by the closest family members while the Illinois Survival Act allows damages to be recovered only when they were suffered by the decedent until the time of death.

The court said that the plaintiff’s complaint consisted only of claims for wrongful death, and that the damages that could be recovered were only those based on financial loss to the decedent’s survivors. Because the claims of this action were not ones for financial loss, damages and pain and suffering of the decedent, there were no claims to which the Medicare lien applied. Therefore, when a plaintiff’s complaint seeks damages only for the decedent’s wrongful death, Medicare does not have to be reimbursed for payment of the decedent’s medical expenses.

Paul Greenberg is a Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

If you filed a claim for survival damages, or the wrongful death lawsuit or statute permits you to recover medical expenses, then the Medicare lien is required to be paid from the settlement proceeds. But if your claim was filed only for the decedent’s wrongful death, and not for the right to seek reimbursement of medical expenses, then the Medicare lien does not have to be paid from the proceeds of the wrongful death settlement.

The Department of Health and Human Services manages the Medicare program, which was established to pay the medical expenses of certain people. If a Medicare recipient was injured by a third party, then any payment by Medicare to cover the recipient’s medical bills is considered provisional, and Medicare must be repaid if the third party’s liability insurer subsequently pays for those expenses.

In Hall v. United Security, 2012 IL App (1st) 112158-11, the defendants made a motion to include Medicare as a payee on the check in settlement of a wrongful death action. The lawsuit did not consist of a claim covered by the Illinois Survival Act, and the trial court sided with the plaintiff. Upon filing an appeal, the defendants contended that exclusion of Medicare from the settlement check left them susceptible to a lawsuit from the federal government for funds expended by Medicare for the decedent’s medical expenses. But the Appellate Court declined to accept the defendants’ contention.

At first, the court recognized the difference between a claim filed under the Survival Act, and one filed under the Wrongful Death Act. The court determined that the Illinois Wrongful Death Act permits damages to be recovered only when they were sustained by the closest family members while the Illinois Survival Act allows damages to be recovered only when they were suffered by the decedent until the time of death.

The court said that the plaintiff’s complaint consisted only of claims for wrongful death, and that the damages that could be recovered were only those based on financial loss to the decedent’s survivors. Because the claims of this action were not ones for financial loss, damages and pain and suffering of the decedent, there were no claims to which the Medicare lien applied. Therefore, when a plaintiff’s complaint seeks damages only for the decedent’s wrongful death, Medicare does not have to be reimbursed for payment of the decedent’s medical expenses.

Paul Greenberg is a Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

In the case, Lenhart v. Illinois Workers’ Compensation Commission, the claimant worked for USF Holland as a truck driver and dockworker. He injured his back in a workplace accident, and filed for workers’ compensation benefits.

At an arbitration hearing, the claimant argued that he was permanently and totally disabled. The employer stipulated that the claimant was not able to perform his previous duties, but argued that he was not totally and permanently disabled. The claimant engaged in vocational rehabilitation, and there was evidence that he was still employable, but at a diminished earning capacity.

The arbitrator found the claimant permanently and totally disabled, but after the employer appealed, the Commission found that he was not totally disabled, but entitled to permanent partial disability benefits representing a 75 percent loss of abilities.

The Appellate Court overturned the Commission’s decision and ruled that the Commission should have decided whether the claimant’s benefits should be calculated based on a wage differential rather than a percentage of the person as a whole.

Paul Greenberg is a Chicago workers’ compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

On Feb 8, 2005, William McDermott stopped on the sidewalk to watching the progress of tree trimming performed by the Connecticut Department of Transportation. McDermott, 77, bypassed several orange traffic cones and stopped to talk to two crew members close to the tree. He was approximately 55 feet away and spent at least 15 minutes discussing work progress.

The large trunk was being cut down in sections when one rope guided 11-foot segment plummeted from about 25 feet, landed on another log and catapulted into the air hitting Mr. McDermott in the forehead. He fell backwards, striking his head on the sidewalk. Although he made it to the hospital alive, he passed away the day after the accident. McDermott’s widow filed the lawsuit, believing the state to be at fault.

Attorneys appearing for the state of Connecticut suggested that it was purely an accident, an unforeseen event. However, the plaintiff’s attorneys argued that state workers had a duty of care to make certain anyone was a safe distance from the worksite, and not just Mr. McDermott.

Middletown Superior Court initially ruled the accident was indeed foreseeable and thus the state was liable. This verdict resulted in a $1.3 million award to the widow. The state appealed the case, and the decision was overturned at Appellate Court level. The plaintiff’s attorney’s responded with an appeal to the Supreme Court. The Justices will probably be several months in deliberating the salient issues involved.

During the ten-year period that it took to get this case to court, the 65-year-old widow most likely had some financial struggles with related bills. One solution for an individual in this circumstance would be applying for litigation funding.

Litigation funding, or a lawsuit loan is emergency cash advanced to a qualified plaintiff to use while they are waiting for their case’s resolution. While most plaintiffs use the funds they receive to pay for medical, funeral and burial expenses, the pre-settlement funding may also be used to pay other important financial obligations, such as rent or a mortgage, as well as car or student loans.

The only thing a plaintiff needs to do before contacting a litigation funding company is to hire an attorney and make sure the lawyer has all the right documents to proceed with building a case. The lawsuit loan company needs to know case details prior to approving any funding. Any approved funding is sent directly to a plaintiff’s bank account within 48 hours or less.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

A recent Illinois Supreme Court case tested the meaning of the phrase “without fee.” In Home Star Bank and Financial Services v. Emergency Care and Health Organization, Ltd., the Court unanimously held that an emergency room doctor was not entitled to immunity under the Illinois Good Samaritan Act when he responded to a “Code Blue” emergency in a different part of the hospital.

The case involved a physician working in the emergency room who responded to a Code Blue emergency in the intensive care unit. The doctor attempted to intubate the patient, and the patient suffered severe brain injuries. Plaintiffs sued the doctor and his employer for medical malpractice, and the doctor moved for summary judgment, arguing that he was entitled to immunity under the Good Samaritan statute because the patient was not billed for the doctor’s services. Plaintiffs argued that the issue of billing was irrelevant and that the doctor was not volunteering, but doing his job.

The trial court granted summary judgment, but the Appellate Court reversed, and the Supreme Court unanimously affirmed the Appellate Court’s decision.

Paul Greenberg is a medical malpractice lawyer in Chicago and malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.