Michigan victims of meningitis outbreak get no relief

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Update 2 on settlement process for victims of meningitis outbreak linked to tainted steroid injections.

7408447448_8de1f6190e_mChannel 7 News (WXYZ) provides an update on the Michigan victims of tainted steroid injections from 2012. We have been paying close attention to this story as it involves several individuals on workers’ compensation.

A federal judge approved a $200 million fund for victims. It was anticipated that payments would begin sometime last year. Government red tape is now holding up the process and victims have not yet seen a dime.

Medicare has put liens on the settlement money to recover what it spent paying for medical care. Even letters from Senators Debbie Stabenow and Gary Peters have fallen on deaf ears at the U.S. Department of Health and Human Services. Attorneys are currently negotiating a reduced percentage so that victims can get some compensation.

We have blogged about similar problems in the past. Medicare will make payments for treatment related to workers’ compensation even though another party is responsible under state law. These “conditional payments” must be reimbursed if a person receives a settlement or award.

Claimants have to guess as to the correct lien amount because a final number will not be provided by Medicare until the case actually settles. This makes resolution extremely difficult because neither side knows how much needs to be paid back. It is also nearly impossible to get a lien reduction.

We agree that Medicare should be paid back when another party is responsible for payment. However, this awful situation illustrates why legislation is needed. A general rule that Medicare cannot recovery more than 1/3 of the net recovery is an easy fix.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.

Related information:

Good luck with a final conditional payment amount

Photo courtesy of Creative Commons, by Tax Credits.

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Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.