This case involved a Virginia plaintiff who was injured when a shower chair collapsed. The plaintiff had a pre-existing hip injury which involved an implanted prosthetic. The plaintiff retained the services of an attorney and was able to obtain $525,000.00 in settlement proceeds. The self-funded ERISA plan demanded full repayment of the $122,393.32 in medical benefits they provided and were unwilling to consider a reduction or listen to arguments about the pre-existing injury. Plaintiff’s counsel engaged Synergy Lien Resolution Service to assist in the resolution of the ERISA plan’s reimbursement claim. Despite the unfavorable law in the 4th Circuit, which was recently bolstered by U.S. Airways v.McCutchen, within two (2) weeks Synergy was able to obtain a 70.2% reduction for a savings of $85,955.02.
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