In a front page article in todays Wall Street Journal the issue of private health care subrogation finally starts to get some notice in the business press.
One of the least discussed elements of the settlement industry is the impact of Medicare, Medicaid and now private health plan subrogation, or reimbursement, for expended medical care to victims of personal injuries. As we all know there is a cottage industry of experts who have worked in the public health care area to craft Medicaid and Medicare trusts to protect funds, but what has received little attention is the increasing efforts of private health plans to track damage cases on it's policy holders and insist on full reimbursement of funds expended.
If you are a Vioxx claimant, Vioxx attorney or others working with claimants attempting to decide if the Vioxx settlement is for them, but you really need to read this article and steel yourself for the inevitable attack on your settlement by private and public health providers. There is going to be a concerted effort by health providers to get their share of the Vioxx case and as this article points out reimbursement for medical claims comes out of NET proceeds after fees and expenses are paid.
The adequacy of any settlement, not just the Vioxx case, is increasingly weighed on the basis of what is left after ALL deductions and the necessity for education and planning on this issue has never been greater.
