Oregon Federal Court Rejects US Arguments to Value Future Medical Expenses per MSA and Instead Awards Future Medical Damages per LCP

On November 13, 2014, the United States District Court for the District of Oregon, Portland Division, published its opinion on Tucker  v. Cascade General, Inc. and the United States of America, concluding that despite the government’s argument that future medical expenses should be valued at less than the $334,840 CMS approved MSA, and that future … Read moreOregon Federal Court Rejects US Arguments to Value Future Medical Expenses per MSA and Instead Awards Future Medical Damages per LCP

Louisiana Appellate Court Dismisses Claim Brought Almost 3 Years After Approved Settlement Based on CMS Demanding Higher MSA

On November 5, 2014, the Louisiana Court of Appeal, 3rd Circuit, published its opinion on Hunter v. Rapides Parish School Board, denying Ms. Hunter’s claim to have the employer fund the higher-than-proposed MSA approved by CMS. The Court concluded: Ms. Hunter admitted she knew that the School Board was going to send the Medicare Set … Read moreLouisiana Appellate Court Dismisses Claim Brought Almost 3 Years After Approved Settlement Based on CMS Demanding Higher MSA

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