Key takeaways for health plans and administrators alike to consider in protecting an ERISA plan’s subrogation rights in the Ninth Circuit
Brownstein’s Health Care Litigation team successfully defended a challenge in the Ninth Circuit to a district court preliminary injunction order enjoining the release of a third party recovery, thereby protecting the plan’s subrogation interest, and awarded the plan its attorney’s fees and costs (Norstan, Inc. v. Lancaster, 12-16897, 2013 WL 3359527 (9th Cir. July 5, 2013)) (unpublished). The decision recognized the ERISA plan’s reimbursement and subrogation rights when the member is deceased and the funds are in the control of the member’s estate and survivors.
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