Theory of Continuing Accrual Denied

Medicare Set-Aside Blog on August 22, 2011 | Posted by

On August 12, 2011, United States District Court Judge Karon Owen Bowdre finally rejected the United States’ motion to reconsider her September 30, 2010 dismissal of U.S. v. Stricker. You may recall that the key issue in the January hearing was that the government asserted an ongoing claim to the periodic payments that were promised as a component of the settlement agreement, inferring that the statute of limitations would would not start to run until each insurance payment was actually made. This decision was likely a huge relief to structured settlement brokers nationwide as a favorable ruling to the government’s theory would have been a death knell to that industry for any cases involving Medicare beneficiaries.


United States v. Stricker, et al., No. CV-09-BE-2423-E (N.D. Ala. Aug. 12, 2011).