ANNOUNCEMENTS
Latest announcements, industry news and InSight’s from Synergy Settlement Services.
In a well reasoned opinion, the Florida Supreme Court has overtuned the unfair medical malpractice caps. These caps devalued human life as children and seniors who were not breadwinners, could be the victim of malpractice with no real ability for family members to recover damages. We applaud the Florida Supreme Court’s opinion in the McCall case.
Below are announcements from the FJA and AAJ.
From the FJA:
“The Florida Supreme Court released the McCall v. The United States of America, [read the decision] decision today, holding the 2003 caps on noneconomic damages in wrongful death medical malpractice cases unconstitutional.
I would like to thank our leaders from 2003, Past President Howard C. Coker (2002-2003) and Past President Richard M. Shapiro (2003-2004), who spent countless hours covering the statewide hearings of the Governor’s Task Force and in the Florida Legislature through the regular and several special sessions – especially Past Presidents Neal A. Roth and Lake H. Lytal, Jr. who lead the task force and the constitutional challenge efforts.
We have many individuals and groups to thank for their support of our efforts to hold these caps unconstitutional, including building a record in the Governor’s Task Force on Healthcare Professional Liability Insurance and the Florida Legislature in 2002 and 2003 and guiding us through and working with us on this litigation at the trial court level as well through appeal to the Florida Supreme Court.
We would like to thank local trial counsel, Henry T. Courtney and Sara Courtney-Baigorri and Stephen S. Poche for their excellent work on this case on behalf of the McCall family.
Special thanks to Linda Lipsen of the American Association for Justice for their significant support and the incredible work of Robert S. Peck and Valerie M. Nannery of the Center for Constitutional Litigation.
We applaud the outstanding contributions of the attorneys who submitted Amicus Briefs in support of the McCall’s: Lincoln J. Connolly, Barbara W. Green, John S. Mills, Andrew D. Manko, Stephen N. Zack, Herman J. Russomanno, and George S. Christian.
The hearts and minds of all of us are always with the victims of medical malpractice and today justice was done.”
From the AAJ:
“The Florida Supreme Court today overturned a 2003 law that imposed arbitrary limits on noneconomic damages in wrongful death claims. This victory for Florida patients and families is the result of the outstanding work of the Center for Constitutional Litigation (CCL), led by Bob Peck, and local counsel Henry T. Courtney, Sara Courtney-Baigorri and Stephen S. Poche.
Supporting CCL to Support the Plaintiff Bar
The American Association for Justice supports CCL’s work by retaining the firm to, among other things, challenge the constitutionality of laws that limit access to the courts. When an important precedent is at issue concerning the plaintiff bar and AAJ’s mission, CCL litigates these cases. CCL’s work on this Florida case was funded in part by AAJ’s retainer. I encourage you to hire CCL for appellate work or, if you have a state issue of this magnitude, you can make a request to AAJ to use our retainer to help offset the cost of your case.
At the heart of the Florida case are issues at the core of our democracy. Bob argued in the Florida Supreme Court that Florida’s statutory limits on compensatory damages for non-economic harm violate plaintiffs’ rights of equal protection, trial by jury, access to the courts, and separation of powers under the Florida Constitution. The Court struck down the law on equal protection grounds, concluding that:
“The statutory cap on wrongful death noneconomic damages fails because it imposes unfair and illogical burdens on injured parties when an act of medical negligence gives rise to multiple claimants. In such circumstances, medical malpractice claimants do not receive the same rights to full compensation because of arbitrarily diminished compensation for legally cognizable claims.”
Court Says: No Medical Malpractice Crisis
The Court went even further, noting, “…the statutory cap on wrongful death noneconomic damages does not bear a rational relationship to the stated purpose that the cap is purported to address, the alleged medical malpractice insurance crisis in Florida.”
While the legislature claimed that there were too many frivolous lawsuits and that the increase in medical liability insurance premiums was the cause of doctors leaving Florida, the Court disagreed and wrote, “…the finding by the Legislature and the Task Force that Florida was in the midst of a bona fide medical malpractice crisis, threatening the access of Floridians to health care, is dubious and questionable at the very best.”
Court Says: Insurance Companies Hurting Doctors
The court also noted that between 2003 and 2010 there were four medmal insurance companies with an increase in their net income of more than 4300 percent. With that kind of income, the court wrote, “the insurance industry should pass savings onto Florida physicians in the form of reduced malpractice insurance premiums.”
This is a tremendous victory and I hope you will join me in congratulating all who worked on this important case.”
This case involves a deceased Medicare beneficiary who was injured and
eventually died as a result of medical malpractice. The date of the malpractice was December 1999, the case settled in 2003. Counsel for the heir began disputing and negotiating with Medicare immediately after settlement, but in 2005 Medicare referred the case to an attorney at the Department of Health and Human Services to begin prosecuting Medicare’s Conditional Payment recovery rights. In the following eight (8) years plaintiff’s counsel engaged a second attorney to assist with the Medicare conditional payment issue but this to prove futile and Medicare continued to demand a repayment. The second attorney retained over $42,000 of the original settlement in his firm trust account for the entire 8 years. In searching for options to resolve this matter, counsel engaged Synergy’s Lien Resolution Service. Employing experience and expertise, Synergy was able to obtain a complete waiver and file closure letter from Medicare within 90 days of beginning work. After waiting a decade from the end of the original litigation ,the heir is now able to finally put this matter to rest and is able to enjoy an additional amount of settlement proceeds previously thought lost to Medicare.
Employing experience and expertise, Synergy was able to obtain a
complete waiver and file closure letter from Medicare within 90 days of
beginning work. After waiting a decade from the end of the original
litigation ,the heir is now able to finally put this matter to rest and is able
to enjoy an additional amount of settlement proceeds previously thought lost to Medicare.
The Medicare Secondary Payer Recovery Portal is Live!
A new online Self-Service Tool to help manage your Medicare recovery case.
The Centers for Medicare & Medicaid Services (CMS) has implemented a new web-based tool designed to assist in the resolution of Liability Insurance, No-Fault Insurance, and Workers’ Compensation Medicare recovery cases. The new tool is called, The Medicare Secondary Payer Recovery Portal (MSPRP).
The MSPRP gives users (attorneys, insurers, beneficiaries, and TPAs) the ability to access and update certain case specific information online. Activities that currently require written communication or telephone calls to the Medicare Secondary Payer Recovery Contractor will soon be able to be done through the portal.
The MSPRP will allow users the ability to electronically perform the following activities:
- Submit Proof of Representation or Consent to Release documentation – Instead of mailing in an authorization, users will be able to upload authorizations through the portal.
- Request conditional payment information – Requesting an updated conditional payment amount or a copy of a current conditional payment letter will be as simple as clicking a few buttons.
- Dispute claims included in a conditional payment letter – Users will be able to view the claims listed on the conditional payment letter and dispute unrelated claims online.
- Submit case settlement information – Users will be able to input settlement information online and upload a copy of the settlement documentation through the portal.
Click here to learn how to register and access the portal. All information on the new portal is located in the Tool Kits section above.
The MSPRC's new web portal is live!
The MSPRC issued the following announcement recently:
MSPRC Self Service Information Feature
The MSPRC is in the process of adding a new feature to the current Customer Service Line: The Self Service Information Feature. This new automated feature will give callers the ability to get the most up-to-date Demand/Conditional Payment amounts and the dates those letters were issued without having to speak with a Customer Service Representative! The Self-Service Feature will be a convenient way for callers to receive accurate and consistent case information while saving time! Some additional benefits of this new feature include:
Extended Calling Hours – The Self-Service Feature will be made available for additional hours outside of the MSPRC Hours of Operation!
Shorter Wait Time – By using the Self-Service Information Feature, callers will no longer have to experience the wait time associated with speaking to a Customer Service Representative!
Unlimited number of cases inquiries on one phone call – After receiving information on a case through the Self-Service Information Feature, callers are given the option of checking multiple cases on that same call!
The Self-Service Information Feature was scheduled to go live September 30, 2011!
Given all of the information circulating lately about changes at the MSPRC and a new contractor coming in, it is interesting to see things moving so quickly. Why can’t they get conditional payment information out this quick? Maybe the pressure Congress has put on CMS is trickling down to the MSPRC. Maybe it is the Medicare Advocacy Recovery Coalition. Maybe it is the AAJ. Who knows but the better question is whether the new on hold music will be less depressing than before.
In addition, CMS announced on the MMSEA What’s New page of their website the following (posted on 9/29):
“Beginning in October 2011, CMS will implement an option to pay a fixed percentage of certain physical trauma-based liability cases with settlement amounts of $5000 or less. Detailed information on this option will be posted as an ALERT, on or before October 21, 2011, on the MSPRC website at www.MSPRC.info.
Upcoming improvements to the MSP program, expected within the next 3-9 months, include the following:
- The implementation of a MSPRC portal, where the beneficiary/representative can obtain information about Medicare’s claim payments, demand letters, etc., and input information related to a settlement, disputed claims, etc.
- The implementation of an option that allows for an immediate payment to Medicare for future medical costs that are claimed/released/effectively released in a settlement.
- The implementation of a process that provides Medicare’s conditional payment amount, prior to settlement in certain situations.”
MSPRC to institute self service phone line.
The Reviews Are In! Synergy’s Lien Resolution unit opened its doors in June 2009, with the purpose of providing complete lien resolution services to the trial bar. We make a special effort to be an advocate for our clients, and achieve the best possible results on their behalf. Well, now our clients have spoken! Here are a few testimonials! “I have been working with Synergy for the past nine months. I am very satisfied with the results [they have] accomplished for our firm on several of our cases.” Rosario Ingles, Closing Case Manager – Law Offices of William Ruggiero “Synergy was extremely knowledgeable and effective in assisting to reduce our client’s insurance lien. The staff was a pleasure to work with, extremely professional, and went above and beyond the scope of our expectations. Many times, throughout our case, [they] worked after business hours to accommodate our needs. The end result was a huge savings for our client and we hope to utilize her and the company in the future.” Joni Hautamaki – Didier Law Firm Call us today to see how we can assist in your case management! (877)907-LIEN (5436).
The Reviews Are In! Synergy's Lien Resolution unit opened its doors in June 2009, with the purpose of providing complete lien resolution services to the trial bar.
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