Holding the carrier liable post-settlement for continuing care and expenses under Medicare rules is an uncommon and aggressive approach. In most cases, settlements result in a release that relieves the paying party from any ongoing financial responsibility. This argument – to hold the carrier for that at-fault responsible for expenses going forward –  bears watching,

A Florida couple told an Eleventh Circuit panel on Friday that a $200,000 settlement over catastrophic injuries the husband sustained after slipping on ice doesn’t absolve State Farm from paying insurance benefits, saying that the Medicare Secondary Payer Act obligates the insurer to pay for ongoing medical care.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1725578?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-10&read_main=1&nlsidx=0&nlaidx=7?copied=1