Hadden v. U.S. Petition for Writ of Certiorari Filed

Medicare Set-Aside Blog on March 30, 2012
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MEDVAL would like to congratulate the MARC Coalition for seeing the Hadden v. U.S. case through its appeal. The petition for certiorari has been filed and it is now up to the Supreme Court to decide if our MSP problems are worthy of its time. The Supreme Court generally picks its cases one the basis of on of three possible categories: conflict among the circuits, important federal questions or public policy. While this case clearly has all three, many are questioning the circuit conflict. Bradley upholds a probate court apportionment of a wrongful death settlement whereas Hadden is a straight up judicial review of the CMS reimbursement process, but the issue underlying both is apportionment plain and simple. If a plaintiff receives less than full value in compensation for its injuries for valid legal reasons that limited recovery, then it is difficult to believe that that has no impact on Medicare. If CMS were to subrogate to obtain reimbursement, it too would be subject to those some legal issues. But the fact is that Congress gave Medicare 2 different avenues for recovery and the US is not subrogating, so does the MSP really give it a greater right to full reimbursement regardless? Guess we’re about to find out…