Attorneys and Mass Tort Cases

Mass torts involve hundreds and sometimes thousands of claimants that may be involved in a medical device malpractice, product liability, pharmaceutical lawsuit, or a large-scale catastrophe. When you are dealing with mass tort cases involving hundreds or thousands of claimants with lien obligations, this can be a tall order for your busy law firm.

In this short article, our lien resolution experts would like to provide some insight into your responsibilities in mass tort cases.

Helping Your Clients Succeed

Representing a plaintiff involved in mass tort litigation legally requires you to ensure that your clients understand their obligations and options before receiving their settlement funds. Your clients should be properly educated on protecting their assets and securing their financial futures in regard to their future government benefit eligibility. If your firm is not equipped to properly resolve your clients’ liens, both you and your clients can incur severe penalties, and they may lose their settlement proceeds.

Contacting Lien Holders

Certain lien holders have to be contacted in a mass tort settlement. These entities include Medicare, Medicaid, Medicare Part C (also known as Medicare Advantage), and Private Insurance. This may also include fully insured plans and self-funded ERISA plans. Affirmative obligations vary based on the lien resolution terms of the master settlement agreement.  However, Medicare and the Medicaid agencies of every state must be contacted to determine a claimant’s eligibility and obligations under the government programs. Mass tort cases involve complex compliance requirements and rules. There are also unique challenges involved in the legal and regulatory issues that surround mass tort litigation.

Partner With an Expert for Mass Tort Cases

A lot of back and forth communication is required between plaintiffs and the Centers for Medicare and Medicaid Services (CMS). This can be daunting, which is why many plaintiffs and their attorneys decide to retain the services of lien resolution services partner to handle the negotiations. Partnering with a third-party such as Synergy Settlement Services positions your clients for a favorable outcome. Rest assured that our lien resolution experts have extensive lien resolution experience and can resolve large-scale liens efficiently. The benefits of working with an expert include a streamlined administration process, minimized costs, maximized recovery, and reduced settlement funding time.

Full state and federal compliance is critical. Federal and state compliance requirements and guidelines change constantly. Do not expose your firm to penalties for noncompliance. An expert settlement firm such as ours can ensure that you successfully navigate the complexities of the mass tort settlement planning and administration process.

For more information about our lien resolution services 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.

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I wanted to pass my highest recommendation to Synergy who we routinely get involved in cases when Medicare issues come up, especially when dealing with Medicare Set Asides. Synergy went beyond the call of duty in a recent case that was settled and dealt one-on-one with our clients and their family. They spent time on the phone with them to be sure they got all their questions answered and did a fantastic job dealing with Medicare.

J. Daniel Clark
Clark Martino, P.A.

"In my twenty-two year career as a trial lawyer I've handled my share of catastrophic cases and structures, but imagine the complexity of an engaged, unwed mother catastrophically injured during delivery, giving birth to a healthy child, but left in a vegetative state? The issues of guardianship and entitlements of the newborn, the rights of the biological father-fiancé, an out-of-state teenage child of the mother, lifetime maintenance of the mother, as well as the rights of family of the mother, who became her primary care-takers? Synergy systematically managed the seven figure tender of one defendant, the establishment of a Qualified Settlement Fund, a Special Needs Trust, and multiple structures, all the while concurrently maintaining the various entitlements to ancillary services, as well as the remaining litigation. Everything was handled professionally, timely and literally without a hitch. Truly an amazing feat."

Marcus J. Michles II
Michles & Booth

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