Injured Medicaid Recipients Should Pursue Litigation

Last June, the Supreme Court ruled in Gallardo v. Marstiller that states providing care to a Medicaid patient may seek reimbursement from personal injury settlements allocated for the patient’s future medical expenses. Previously, it was believed that states could only make such a recovery from jury verdicts or settlements related to past medical expenses. Some commentators have expressed the concern that this holding will discourage Medicaid beneficiaries from filing personal injury lawsuits out of concern for reduced recoveries. However, this should not prevent a Medicaid personal injury victim from filing a lawsuit. These liens, like all other liens, can be negotiated. If you are a Medicaid recipient and have been personally injured through someone else’s fault, please call our law firm.