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Medical Malpractice


in excess of the actual amount conditionally expended by Medicare, because during the time it takes to resolve insurance claims that are not “promptly” paid, there are usually other Medicare claims for the beneficiary for ordinary health services unrelated to the incident covered by the insurance proceeds.12 Te Court held that the Plaintiffs alleged facts sufficient


to survive a motion to dismiss. Te Court found that plaintiffs had standing to bring an action against defendant under both the Medicare Act and the Due Process Clause.13 Te court held that “demanding payment of a disputed MSP reimbursement claim without an opportunity to be heard at a meaningful time and in a meaningful manner is a ‘classic due process claim.’”14 We will keep the members of the Maryland Association of Justice updated concerning future rulings involving this important case and how it will affect your practices. 


Biography Elliott Andalman is partner at Andalman & Flynn in


Silver Spring, Maryland. He is a co-chair of the disability benefits section of MAJ. His practice includes representation on disability benefits claims for federal, postal and state employees,


long term disability claims, including under


ERISA, and social security disability claims. Michelle Amick is a third year law student at the University of Baltimore in Baltimore, Maryland.


She


graduated as a member of Phi Beta Kappa from the Catholic University of America in 2008. She has clerked for Andalman and Flynn for 1 year, primarily assisting in the disability, employment, and personal injury sectors.


12 (Plaintiffs' Response (Response) to Defendants' Motion to Dismiss (MD) at ¶ 14.) 13 “Health Care Reform and Potential Impact on the Medicare Secondary Payor Act,” Medicare Secondary Act Payor Blog, http://www.themedicarespa.com/ (Jan. 11, 2010).


14 Id.


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G. Kevin Turner, Registered Representative of Park Avenue Securities, LLC, (PAS). Securities products and services are offered through PAS. Financial Representatives, The Guardian Life Insurance Company of America (Guardian), New York, NY. PAS is an indirect, wholly owned subsidiary of Guardian. First Financial Group is not an affiliate or subsidiary of PAS or Guardian. Disability income products underwritten and issued by Berkshire Life Insurance Company of America, Pittsfield, MA, a wholly owned stock subsidiary of The Guardian Life Insurance Company of America (Guardian), New York, NY, or provided by Guardian. Product provisions and features may vary from state to state. Neither Guardian, nor its subsidiaries, agents of employees provide tax or legal advice. You should consult your tax or legal advisor regarding your individual situation. PAS is a member FINRA, SIPC.


50 Trial Reporter / Summer 2010


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