MSP Litigation – Kentucky (DONNA BLACK v. JOHN/JANE DOE EMPLOYEE, ET AL)

Medicare Set-Aside Blog on May 4, 2011 | Posted by

Kentucky continues to be the hot bed of MSP litigation. On May 2, 2011, yet another case against Medicare was dismissed for lack of subject matter jurisdiction. Following a fall in an AutoZone parking lot, Plaintiff sued the store, the unknown employee who obviously allegedly spilled the oil in question and Medicare (yes Medicare and not the Secretary of Health and Human Services) because it “should pay, did pay or may have paid some of Plaintiff’s medical bills from the instant action.” Glad Plaintiff is so certain as to who wronged her and how. Once you get past the entertainment factor, what we have is yet another attempt to get the federal government to assert a claim or forever be barred from doing so. So long as administrative remedies are not exhausted and sovereign immunity not waived, none of these cases are going to succeed. Just thought we’d let you know that it happened none the less.



DONNA BLACK, PLAINTIFF vs. JOHN/JANE DOE EMPLOYEE, ET AL., DEFENDANT CIVIL ACTION NO. 11-25-DLB-JGW UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, NORTHERN DIVISION
2011 U.S. Dist. LEXIS 46935
May 2, 2011, Decided