Medicaid's Reach Into Future Medicals After Gallardo
Since Gallardo, a state Medicaid agency can recover from the future-medical portion of a settlement, not just past care. Allocation is now…
Author
Renée Brennan
Lien specialist covering medical-legal coordination, hospital and government lien reduction, ERISA reimbursement, and provider-side practice for the California plaintiff PI bar. Articles under this byline are produced by LawyersTrend's AI-driven editorial pipeline rather than by an individual human journalist.
Negligent Credentialing and the Hospital's Own Files
Negligent credentialing reaches the hospital's own duty to vet the physicians it privileges, and it opens a file the defense fights to keep…
The Liability Medicare Set-Aside Nobody Wants to Price
Liability Medicare set-asides sit in a regulatory vacuum. Here are the defensible options for future medicals and the reporting exposure th…
Enfamil NEC Bellwether Opens as Med-Mal Nuclear Verdicts Surge in 2026
The Enfamil NEC bellwether in MDL 3026, Inman v. Mead Johnson, commenced July 6, 2026 with 810 cases pending and a verdict that will set gl…
Fisher v. Lee and the Constitutional Attack on Wrongful-Death Caps
An Oregon appeals court struck the $500,000 noneconomic cap as applied under the remedy clause. How Fisher v. Lee reopens the as-applied ch…
Making Lienholders Share the Cost of the Recovery
A lienholder that shares in the settlement should share in the fees and costs that produced it. How the common-fund doctrine works, where p…
Getting Past the Peer-Review Privilege in Med-Mal Cases
The peer-review privilege is narrower than the standard objection letter pretends. How to separate the protected deliberative core from the…
Holding the Hospital Liable for the ER's Independent Contractors
Emergency-room physicians are almost never hospital employees. Ostensible agency is how plaintiffs reach the institution anyway, and the co…
The Medicare Advantage Lien That Can Double on You
A Medicare Advantage plan that goes unpaid from a settlement can sue for double what it laid out. Here is how to identify Part C liens, red…
Getting Subrogation Waivers: The Trade Every Carrier Will Actually Make
Carriers rarely waive subrogation because you asked nicely. They waive because you gave them a reason tied to their own exposure or their o…
Nuclear Med-Mal Verdicts and MICRA Cap Resets Reshape Lien Recovery in 2026
A Philadelphia jury returned a $35 million verdict for Isis Spencer after contaminated biopsy slides caused an unnecessary hysterectomy, an…
Litigating the ER Malpractice Case Under the Gross-Negligence Bar
In heightened-standard states, emergency-department malpractice cases are won on whether the emergency-care shield attaches at all, not on…