GUIDANT PRIVATE LIEN RESOLUTION PROGRAM

This program is available to ALL claimants who received 75% of their gross allocation pursuant to the Court's December 19, 2008 Distribution Order.
***The Deadline for participation documents to be postmarked by is JULY 31, 2009.*** This program does NOT include the alleged liens of United HealthCare and some Blue Cross/Blue Shield for which the Court has withheld 40% of a claimant’s allocation.

The Terms and Conditions of the Program include:

1) The program establishes a streamlined process by which to determine claimant’s possible lien obligations.
2) The program is Voluntary. Claimants are not required to participate in the attached program. But the LCC believes that the program offers a benefit to all claimants by providing lien resolution at a fraction of total obligation and guaranteeing the TPP will not come after settlement funds in the future.
3) The program will be implemented by a neutral, private lien administrator who is familiar with the Guidant settlement (The Garretson Firm).
4) The program has a ceiling on the amount a TPP can recover from any claimant. The program is designed to calculate for each claimant participating in the program the actual lien amount due to the TPP. The program provides that the amount finally payable to the TPP is EITHER 15% of the GROSS ALLOCATION or 50% of the ACTUAL LIEN (as strictly audited for injury-related care expenditures by The Garretson Firm); WHICHEVER IS LESS.
5) Through this program, the TPPs have agreed to waive any lien for a claimant who participates in the program who received a non-explant allocation ($5,000 or $7,500) or an allocation for a non-recalled device ($500). IMPORTANT TO NOTE: ONLY BY PARTICIPATING IN THIS PROGRAM IS YOUR CLIENT GUARENTEED THIS TERM. The TPPs do not agree to waive liens for non-explant claimants that do NOT participate in this program and may continue to pursue any lien obligations they may have from a claimant.
6) The program enables certainty for participating claimants regarding possible private liens. Not participating in the global program means a claimant may be forced to negotiate private lien reimbursement individually with an insurer and such negotiations may go on for months and will unlikely be as favorable to the client as the terms under this global program.

The enrollment documents (Offer and Acceptance and HIPAA forms) can be found in the Documents section of this website.

Questions regarding this program can be directed to the private lien administrator at the following:

Guidantmla@garretsonfirm.com (toll free) 877-774-1130

Article V.B. of the Guidant Master Settlement Agreement requires the appointment of a Medicare / Medicaid Lien Administrator to address the Medicare and Medicaid liens / obligations arising under the settlement. The Medicare / Medicaid Lien Administrator (MLA) is tasked with affirmatively verifying which Participating Claimants are past or present Medicare and / or Medicaid beneficiaries and resolving all such Medicare and Medicaid interests.

The Garretson Law Firm has been appointed as the MLA in the Guidant Settlement. The Garretson Law Firm has served in similar capacities in many other mass tort settlements and has the experience and resources to satisfy and discharge these liens / obligations as efficiently as possible.

 MEDICARE

With respect to traditional Medicare (Parts A and B) the MLA will: (i) verify the Participating Claimants in the Settlement Program who are (or have been) entitled to traditional Medicare and who may have potential Medicare obligations related to the Guidant settlement, and  (ii) facilitate a “global” resolution to satisfy Medicare’s interest for all Medicare-entitled (Parts A and B) Participating Claimants.  The MLA will work with the Claims Administrator and Special Masters to ensure that the allocation system recognizes the application of the Medicare global resolution in the settlements of those entitled Claimants.  Regardless of the extent to which any Medicare-entitled (Parts A and B) Participating Claimant has relied on his/her Medicare coverage in the past, this formalized process ensures that no future injury-related care will be denied as a result of this tort recovery.

 MEDICAID

With respect to Medicaid, the MLA will verify which Participating Claimants currently are or have been Medicaid beneficiaries in each state and territory between the dates of interrogation of recalled device through the date of settlement.  The MLA will then secure claims histories from the appropriate Medicaid agency and audit each claim to help ensure that only those medical expenses associated with Guidant Cardiac Medical Device injuries are included in the final reimbursement or “lien” amount.  The perfected lien will be deducted from the entitled plaintiff’s settlement payment. 

OTHER GOVERNMENT PROGRAMS, NON-GOVERNMENTAL PROGRAMS AND PRIVATE HEALTH INSURANCE

The MLA engagement does NOT include the task of addressing healthcare liens other than those Medicare and Medicaid obligations specifically outlined above.  Other healthcare obligations are to be evaluated and resolved by plaintiff counsel and your clients.