Synergy Blog

Lien Resolution Success Story – Synergy uses Virginia’s anti-subro statute to reduce FEHBA repayment by 58% for a savings of $96,761.84

Synergy uses Virginia’s anti-subro statute to reduce FEHBA repayment by 58% for a savings of $96,761.84

This case involved a federal employee who suffered major injuries as a result of medical malpractice. The plaintiff engaged a renowned Virginia trial attorney and eventually secured a settlement of $900,000. The plaintiff’s medical benefits were provided under a Federal Employee Health Benefit Act (FEHBA) Plan and that Plan, through its recovery agent Optum, demanded 100% repayment of the malpractice related medical benefits they had provided. Through the FEHBA Plan, Optum relied on federal preemption of Virginia’s anti-subrogation statute as the basis for their unreasonable demand. Confronting this situation plaintiffs’ counsel engaged Synergy to assist in the resolution of this matter. Within a week Synergy had countered Optum’s assertion of preemption, advised them of the possibility of Virginia’s anti-subrogation statute as a complete bar to their claim, and obtained a reduction of 58% for a savings of $96,761.84.

 

 

TESTIMONIALS

"I just wanted to say thanks to you and the entire Synergy Settlement Services team for helping us put together a series of structured settlements and special needs trusts in two complex cases involving significant recoveries. As always, your accessibility, guidance and expertise on a whole host of post-settlement issues is very much appreciated and valued, particularly with respect to the often confusing topic of Medicare set asides. I look forward to our continued collaboration on cases in the future and am very appreciate of the first rate service your company continues to provide to our clients."

Stephan Le Clainche
Formerly of Babbitt, Johnson, Osborne & Le Clainche

“Synergy is our guiding light for deferring our contingent legal fees and planning for retirement. The lawyers at Panter Panter & Sampedro, myself included, have been working with them for over ten years using different methods to defer comp and plan for retirement.”

Brett Panter
Panter, Panter & Sampedro

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