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U.S. Supreme Court Considers How Much States Can Reclaim From Medical Malpractice Settlements

McClatchy reports Supreme Court justices seem “genuinely split over when and how states can take a share of medical malpractice payments awarded Medicaid beneficiaries.” The case involves a 13-year-old North Carolina girl who has been “profoundly disabled since an allegedly botched caesarian-section delivery,” resulting in “diagnosis of cerebral palsy.” The court’s answer, “expected in June, will shape how North Carolina and other states reclaim at least some of the Medicaid funds spent on a patient’s care. North Carolina’s current law allows the state to claim one-third of a medical malpractice settlement or judgment awarded a Medicaid patient.” Attorneys for the girl’s family, as well as the Obama Administration, believe that the state’s “automatic one-third may be excessive.” Sonia Sotomayor, the “most persistent critic of North Carolina’s position,” asked, “How can you predict, particularly with a statute that wasn’t based on any empirical data, that 30 percent is normally the right amount?”

From the American Association for Justice news release.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

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