Legal Question in Personal Injury in Iowa
Medicare subrogation
My mother passed away last summer and my estranged brother is executor. Prior to her passing, my mother filed a personal injury suit. After her passing my brother was substituted as plaintiff and with an attorney negotiated an out of court settlement which specified
''Plaintiff shall satisfy all liens, including but not limited to Medicare liens from the proceeds of the settlement.'' I also signed a consent form to the terms of the settlement. I do not know if Medicare has ever been notified of the suit or the settlement. My brother is attempting to distribute the settlement prior to reimbursing either Medicare or Blue Cross. How do I protect myself? He and I are the only beneficiaries. In addition to the lawyer for the litigation, there is an estate lawyer and I also have a lawyer.
1 Answer from Attorneys
Re: Medicare subrogation
call the lawyers and ask if the medicare lien has been satisfied. generally speaking, if the lien is not satisfied, the government comes after the lawyer as he or she is typically a better source for the funds, so lawyers are pretty careful about making sure that the lien has been satisfied. there should be a closing statement that identifies the satisfaction of the lien. just call the lawyer and then confirm information provided in writing.
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