Goodell, DeVries, Leech & Dann, LLP

Goodell DeVries Wins Dismissal of Putative Class Action Involving Medicare Secondary Payer Act

December 2017

Goodell DeVries attorneys, Robert A. Limbacher and Cheryl Zak Lardieri, were successful in obtaining a dismissal of a putative class action involving the Medicare Secondary Payer Act.  The four-named putative class representatives brought suit in the United States District Court for the Southern District of Florida against Goodell DeVries’ client, a major pharmaceutical company, and others.  The plaintiffs alleged that the pharmaceutical company, which had entered into a settlement with individuals who claimed injuries related to one of its drugs, had failed to reimburse Medicare liens prior to dispersing settlement funds.  The putative class members claimed to hold assignments from Medicare Advantage Organizations, and sought double damages under the Medicare Secondary Payer Act.  The Goodell DeVries team filed a Motion to Dismiss the Complaint for lack of standing, as well as on substantive grounds.  The Court initially granted the Motion, with leave to amend.  After amendment, Goodell DeVries filed another Motion to Dismiss, which again was granted.

 

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