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Medicare is entitled to reimbursement for any payments that are related to an injury that is otherwise covered by insurance, including self-insurance, because it operates as a “secondary payer.”

This drives our clients crazy.  What do I have medical insurance for if I have to pay them back?   I get it.  Believe me. But under the Social Security Act, Medicare will not pay for a beneficiary’s medical expenses when payment “has been made or can reasonably be expected to be made under a worker’s compensation plan, an automobile or liability insurance policy or plan, or under no-fault insurance.”  So if you have a heart attack, no one is coming to look to you for payment.  But if you settle your case or get a verdict, Medicare wants its slice of the pie.

If a Medicare beneficiary receives a personal injury settlement they will be required to reimburse Medicare for any payments made on their behalf.  To enforce this requirement the law gives Medicare an automatic priority lien against any settlement proceeds in personal injury cases. Almost any party involved in the personal injury settlement or payment, including the attorneys, has responsibility for complying. Any settlement or payment must be reported to Medicare within 60 days and their valid lien amount must be paid.

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Pharmacies serve a critically important function in our health care system as prescription medication use is more widespread than ever.

Around 5 billion prescriptions get filled every year in the U.S.  The average pharmacist fills hundreds or even thousands of prescriptions every day and this responsibility involves more than just counting out pills.

There are more prescriptions than ever.  There are also more medication error mistakes and lawsuits in Baltimore than there have ever been.  This post gives you the inside story of what you can expect in pharmacy error lawsuits in Baltimore.

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Any discussion of how much money a medical malpractice case in Maryland is worth begins with our cap on non-economic damages in malpractice.  The pain and suffering cap for 2019 in Maryland medical negligence cases is $815,000.  This same $815,000 cap applies to wrongful death cases where there is only one surviving family member.

If there are two or more surviving family members, then the non-economic damage cap rises to $1,018,750.  The cap applies to the year the negligence or death occurred so it will be less for incidents before 2019.   (Click on the first link above to see the malpractice cap in Maryland for each year.)

What Maryland’s Damage Cap Means and Does Not Mean

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A disc herniation is a type of disc injury that is frequently caused by car accidents.  The impact of a car accident often exerts significant force and pressure on the spine.  This pressure can cause a tear and rupture or bulge of the spinal discs, which act as pads or cushions for the spine.  This injury is referred to as a herniated disc.

Our firm has handled scores and scores of herniated disc injury cases.  Our first trial at Miller & Zois was a herniated disc verdict in 2003.  Our doors had been open for about a month.  The defendant offered $25,000 to settle a no property damage herniated disc injury case where the most aggressive treatment was steroid injections.

Laura Zois and I tried the case and we got a $300,000 verdict.  Our firm has handled these cases ever since.  We have earned millions in settlements and verdicts in herniated disc injury cases.

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The saying is “accidents happen.” They do. But sometimes people are seriously hurt because of a fall that is someone else’s responsibility.  When this happens, the result is often a personal injury claim.

Despite safety innovations and a growing awareness of liability among property owners, “slip and fall” injuries are unlikely to disappear anytime soon. There are many misconceptions about these kinds of injuries and their value in Maryland courts.  While they can result in lucrative verdicts or settlements, it’s important to know the facts.

Say you’re walking through a parking lot and an uneven sewer grate sends you flying face first to the asphalt. Or you’re shopping for groceries and a puddle of water from a leaking freezer makes you lose balance and shatter your hip.  What do you do?  Do you have any options to bring a claim against the wrongdoer who caused you to fall?   The post is intended to better help you understand the answers to these questions.

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While Botox is primarily associated with anti-aging cosmetics, you might be surprised to find out that it can be used to treat cerebral palsy (CP).

Botox is not a miracle drug for CP.  But if the patient has spasticity, Botox can help.

Let’s talk about cerebral palsy and why Botox is bringing about good outcomes for some patients. Before you can understand the use of Botox as a treatment for CP, you first need to understand a little about CP itself and how it affects individuals.

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Arbitration is a form of resolving civil disputes privately, outside of the actual court system.  Instead of taking their case to court and having it decided by a jury or judge, both parties voluntarily agree to have the case heard and decided by a private arbitration panel.  Arbitration is different from court litigation in a number of significant ways.  It offers many advantages compared to a trial in the court system. But it also has a number of drawbacks.  This article summarizes both the perks of arbitration and the drawbacks as compared to the traditional method of litigating in the court system.

We do not arbitrate as many cases as we did ten years ago.  Why?  First, we handle more malpractice cases than we ever have and malpractice does not lend itself to arbitration.   But I honestly think there are not as many good arbitrators for serious personal injury cases as there once were.  Most arbitrators also do mediations.  Anyone would rather do mediations than arbitrations because when you make a final call, someone is usually unhappy.   So it seems like every time a new mediator/arbitrator comes on the scene and is well received, they soon are no longer doing arbitrations. Also, many arbitrators are retired judges who are close to retiring again.

Anyway, if you are considering arbitration, here are some pros and cons to consider.

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In a personal injury lawsuit, plaintiffs are entitled to get compensation for the economic losses resulting from their injury including lost earnings.  So if you’re not able to work for an extended time because of the injury, you are supposed to get money to compensate for the income you lost.

If you file a lawsuit and ask for lost earnings, you don’t simply tell the court how much you lost.  Damages for lost earnings must be calculated based on evidence.  If you are a W-2 employee with a salary, lost earnings calculation is easy.  You just present documentation from your employer stating what your lost wages were. There may be a battle over whether the employee needed to take off work.  But the calculation itself if very simple.

Self-Employed Calculations Are More Complex

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Burns and Allergic Reactions to Just for Men Hair Dye

Just for Men pitchmen like Keith Hernandez may quip “Go from Grey to Great” but some are finding an unpleasant catch to the inexpensive hair and beard dye. Specifically, customers are complaining of painful reactions after using the product to clean up their patches of grey.

Just for Men’s manufacturer, Combe Incorporated, hasn’t issued a recall of any of their hair dye products and most negative reactions to the products are usually temporary. But for many middle-aged men hoping to hold onto that youthful look a little longer, Just for Men’s potential for skin irritation and other issues may do more to harm than help.

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If you are having back pain after a car crash, you are not alone.  Our law office represents hundreds of victims every year who have suffered back pain – typically low back pain — from a car accident.  I’m hoping this post answers a lot of questions you might have if you have suffered a back injury from a car accident.

What is causing lower back pain after a car accident?

Being involved in a car accident can lead to a wide variety of injuries from bumps and bruises to broken bones and even death.  We have handled all of these types cases too many times. But of all the case we see, back injuries and the subsequent pain are common consequences of car collisions. If you were involved in a car accident, you may have wondered what caused your lower back pain.

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