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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.

 

 

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TESTIMONIALS

"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

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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