Arkansas Dept of Health v Ahlborn - limits on Medicaid liens
Personal Injury News Items
In the recent case of Arkansas Dep't of Health and Human Services v. Ahlborn, S.Ct. No. 04-1506 (U.S.S.C. May 01, 2006), the U.S. Supreme Court has ruled that federal Medicaid and anti-lien law precludes a state Department of Health and state AGs from recovering more out of a tort claimant's settlement than that portion of the settlement which actually represents reimbursement for medical payments. State third-party liability provisions attempting to recover a greater amount (such as 100% of medical expenses paid) are preempted by the federal law. Hence, for example, if the plaintiff's PI monetary settlement is only one sixth of the value of the plaintiff's claims, Medicaid can take no more than one sixth of the recovery.
Moving a flagpole near live electrical wires can be very dangerous. A Grayson County, Texas jury has awarded more than $15.6 million to the families of 3 victims of an accident that occurred while they were moving a flagpole in May 2017. The electrocution killed 1 and injured 2. The property manager of the apartment complex where the flagpole was located was found to be negligent for placing the flag pole too close to overhead power lines. See, An award of $15.6 million for 3 victims of electrocution.
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