Synergy Blog

Lien Resolution Success Story – Synergy splits hairs and uses McCutchen to achieve a series of reductions in the subrogation demand from an aggressive self-funded ERISA Plan

Synergy Lien Resolution Service was able to resolve a large series of subrogation claims being asserted in unrelated matters by a large, regional grocery store corporation. These were cases in which the plaintiffs were members of the corporation’s self-funded ERISA health plan, which has very strong recovery language. The corporation has a policy of aggressively prosecuting their subrogation/reimbursement claims, wherein they typically demand and receive 100% repayment. The corporation is so aggressive they have even insisted that their claims administrator create a recovery group solely dedicated to collecting their repayment demands. 

Despite this overly aggressive stance, Synergy has been able to leverage its knowledge, experience, and negotiation tactics to achieve a series of reductions ranging from 13% – 34%.  The basis for the reductions was a fine splitting of hairs involving the “common fund” doctrine as expressed in U.S. Airways v. McCutchen versus the “attorney fee” language contained in the corporation’s Master Plan Document.  Though the corporation maintains its position that their plan language does abrogate “common fund,” Synergy was able to convince their attorneys that the rationale of McCutchen might find their plan language lacking. This is a shining example of how Synergy’s ability to take advantage of the ever changing subrogation landscape can be used to benefit injured plaintiffs who are transitioning from litigation to life.


"I have used Synergy to resolve tough Medicare lien and set aside issues. There is no other practice that comes close to the quality of their work. I highly recommend them and they are a must for the substantial, tough cases."

Mark R. Hanson
LaBovick Law Group

"I just want to thank Synergy for their great work in getting a health insurance lien resolved. The health insurance company refused to reduce their lien a penny from a motorcycle accident involving my client who was not wearing a helmet, a fact that would have hurt our award in front of a jury. Synergy put tremendous pressure on this company, and after months of bombarding this insurance company with statutory requests and threats, they were able to get them to give in and reduce the lien significantly. The cost was minimal in relation to the hard work they put in, and the savings my client received. Client was very happy, and it allowed me to close out a case that I had resolved over 6 months before. Keep them in mind if you are dealing with a smug insurance adjuster who felt confident he would not have to reduce a lien, like I was dealing with. Thank you very much Synergy."

Jeffrey A. Adelman, Esq.
Adelman & Adelman, P.A.

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