Legal Question in Civil Litigation in Illinois

vioxx settlement
Is it legal for insurance companies to put a lien against your vioxx settlement? First the attornies said how much we would receive; after that now we get papers from them wanting us to pay more money & join into a program to limit the insurance companies claims against us. We would have to sign another release form for this other group to get all our previous information about health issues (which our attorneys already have) & we think this will definitely throw up a red flag for the insurance companies to know why this certain group is getting this information. We had to sign a paper saying we would never tell anyone about the claim so why is all of our information being practically given to the insurance company? Sign this lien resolution & get all the information to this group or not?

Asked on 2/14/09, 12:31 am

2 Answers from Attorneys

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Re: vioxx settlement

If you are referring to your healthcare insurer, it is legal for them to have subrogation rights. This right is contained in the policy agreement. It allows for the insurer to be repaid any sums that it has paid for your medical care that relates to a claim and settlement or judgment from a third party.

It is also a standard practice that they deduct 1/3rd from their entire lien.

Answered on 2/14/09, 9:23 am

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