An Introduction to Mass Tort Lien Resolution

When you cause physical or financial harm to another party, but the action wasn’t criminal in nature, we refer to this action as a “tort.” When you group torts together, they become a “mass tort,” which is similar to a class action lawsuit. If your client is composed of many claimants with factual and legal commonalities, you may require the skilled lien resolution services of Synergy Settlement Services to assist you in handling a mass tort lien resolution.

Common Types of Mass Tort Cases

Since mass torts are filed by many claimants, they tend to fall into specific claims categories that affect large groups of people. Commonly, mass torts involve cases including:

  • Pharmaceutical lawsuits
  • Medical device malpractice
  • Product liability
  • Large-scale catastrophes

Benefits of Mass Tort Lien Resolution

When it comes to injury claims, claimants may have different injuries from a singular source. Claimants can join together to produce a mass tort, which allows them to combine the pre-trial proceedings that include taking depositions, gathering documents and records, and more. Once the mass tort has been filed, the cases are split into individual units again to be resolved for each claimant’s unique injuries.

One of the most important characteristics of mass tort lien resolution is the ability to exchange information with other lienholders. By using Lien Resolution Programs (LRP) and global resolution programs, information can be swapped en masse. Plus, these programs usually include pre-negotiated discounts and caps, which allows claimants to avoid lien negotiation, which results in liens being finalized at a faster rate than separate, individual cases.

Start Early

Initiating the mass tort lien resolution process as early as possible helps ensure that your case is processed in a timely manner with accurate results. The initial deluge of information dropped on potential lienholders can be very confusing for attorneys who do not have a substantial amount of experience dealing with these types of cases. Ensure that you have all of the client’s injury information before proceeding with the case. Some of the most common drawbacks during this process materialize due to a lack of proper execution or noncompliance with HIPAA authorization. Fortunately, you can catalyze the process by petitioning the court for a Qualified Protective Order (QPO) which removes the need for each claimant to sign a HIPAA authorization.

Common Services

If your client is involved in a mass tort, you may feel overwhelmed by the extra work required to reach a lien resolution. Synergy Settlement Services can help you with lien resolution. Mass tort lien resolution services often include:

  • Establishing contact with CMS officials to prepare global medical modeling
  • Deciding whether global modeling lien resolution is appropriate for your mass tort
  • Drafting CMS-compliant models
  • Creating repayment agreements with CMS to complete the lien resolution process in an efficient manner
  • Negotiating large-scale agreements with the various subrogation companies to accelerate the lien resolution process
  • Working with CMS and the defense counsel to apply the Medicare Mandatory Reporting requirements

For more information or to schedule a consultation, please submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

TESTIMONIALS

"Synergy is an invaluable partner in the mediation process. They have extensive expertise in Medicare, Medicaid and Structured Settlements and the ability to explain the impact of these complex concepts to my clients in simple, clear and understandable language. This allows me to focus on obtaining the best possible result in the settlement process."

Michael J. Winer, Esq.
President Florida Workers Advocates (FWA)

Synergy’s team makes it easy to deal with all of the issues we hate at the end of the case. Dealing with Medicare, ERISA liens, keeping eligibility intact for Medicaid and complicated planning for the client’s recovery. The experts we work with regularly at Synergy do a great job of making sure I am protected as are my clients.

J. Clancey Bounds
Bounds Law Group

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