Beginning of the End for Medicaid Liens?

As recently reported, the United States Supreme Court recently heard oral argument in Delia v. EMA (briefs can be found here) on the issue of States recovering Medicaid expenses from the proceeds of a medical malpractice settlement.The theory being that if the patient never paid for the medical services which are now part of a settlement they should not be reimbursed for the expense.  The same line of reasoning also extends to future medical expenses if the patient continues to receive Medicaid for expenses caused by the original malpractice. This is a case that could have a significant impact and needs to

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Barry Schreiber Obtains Defense Verdict in Bronx after Plaintiff Rejects $1.5 million

December 2012 – In this case, the plaintiff claimed to have suffered a perforated sigmoid colon during oophorectomy performed by the defendant Ob/Gyn. It was the plaintiff’s contention that the defendant should appreciated and repaired the perforation during the procedure, which would have obviated the need for a colostomy (with subsequent reversal) and two lengthy hospital admissions with multiple complications. As a result, the plaintiff claimed various permanent injuries, rendering her unable to work. Mr. Schreiber compellingly argued that the perforation was an unfortunate but known complication of the procedure, that the alleged one-day “delay” in recognizing and repairing it

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First Department Finds That Quantification of Environmental Contaminants Necessary for Plaintiff To Survive Summary Judgment

In Cleghorne, et. al. v. The City of New York, et. al., 2012 NY Slip Op. 06648 (1st Dept., October 4, 2012), the Appellate Division, First Department, dismissed Plaintiffs’ claims, granting summary judgment to the Board of Education of the City of New York (Board of Ed.), because Plaintiffs’ expert failed to quantify Plaintiffs’ exposure to allergens, which allegedly caused her asthma and because Plaintiffs’ expert failed to specify what level of exposure in general would cause the disease. Cleghorne sued various entities, including the Board of Ed., alleging that the conditions in her classroom at the New School for

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