Plaintiff to Indemnify Insurer for Medicare Lien?

Richmond Circuit Judge Walter W. Stout III denied State Farm Mutual Automobile Insurance Company's request to require plaintiff firm, Marks & Harrison  to indemnify the carrier for any claims or liens, specifically Medicare liens. John Ayers, attorney for Marks & Harrison, agreed to escrow $1500.00, the amount of the lien; however, the carrier was not satisfied and thus asked for indemnification. During settlement negotiations, Medicare did not come up. Mr. Ayers was apparently unaware his client had become Medicare eligible during the course of litigation. Mr. Ayers eventually contacted Medicare but had yet to receive a response from them at the time of the hearing. Jolly Consulting's nurses can provide initial cost projections and verify your client's eligibility for Medicare before settlement negotiations are finalized. If necessary, we can then prepare a MSA to show your consideration of Medicare's interest in any settlement. For more information, please contact us or visit Our Expertise page.

Click HERE for Judge Stout's order.