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FAQs

Vioxx Products Liability Litigation

Garretson Law Firm


x Who is the Lien Resolution Administrator?

Under the settlement terms, what liens/obligations are being addressed by the Lien Resolution Administrator and what are the responsibilites of plaintiff to counsel?

x Should I contact Medicare of Medicaid if my client is entitled to these benefits, or for any other reason?

What if I already have contacted or have been contacted by Medicare or Medicaid?

How will Medicare and Medicaid liens/obligations be addressed?

When can I expect my clients' Medicare and Medicaid liens/obligations to be satisfied?

Who do I contact with questions regarding the satisfaction of Medicare or Medicaid interests?

What other governmental statutory lienholders exist besides Medicare and Medicaid?

Do I or my client need to do anything to deal with healthcare liens/obligations asserted by the VA, TRICARE, or Indian Health Affairs?

How will these military and IHS liens be addressed?

Who do I contact with questions concerning these military and IHS liens?

What about ERISA, private insurance and other healthcare liens?

 


The Garretson Law Firm is the Lien Resolution Administrator (LRA) in the Vioxx Settlement Program.  The Vioxx Settlement Program includes strict requirements concerning the satisfaction of Medicare’s and Medicaid's interest.  This website provides general information regarding the Lien Resolution Administrator’s role in the settlement process.  To locate information about the settlement process please click on the FAQ link.

 MEDICARE

With regards to federal Medicare, the LRA will (i) verify the participating Claimants in the Settlement Program who may have potential Medicare obligations related to Vioxx, and (ii) oversee a “global” reimbursement to resolve Medicare’s interest in the Settlement Payments of Medicare entitled Participating Claimants.  The LRA will create a formula to determine the appropriate reimbursement amount to satisfy Medicare’s interest in all Settlement Payments associated with Medicare-entitled Participant Claimants. 

The global Medicare reimbursement amount would be based upon the Lien Resolution Administrator’s determination of the likely course of treatment associated with each compensable injury category. The Lien Resolution Administrator will work with the Claims Administrator and Special Masters to determine the applicable reduction in allocation points for those Participating Claimants who are (or have been) entitled to Medicare in recognition of the global Medicare settlement.

This uniform process meets the contractual obligations required in the Settlement Agreement with Merck, as well as your legal obligation to protect Medicare’s interest in any Settlement Payments.  Also, regardless of the extent to which you have relied on your Medicare coverage in the past, this formalized process will ensure Medicare will continue to pay in the future for the medical care typically covered by Medicare for your Vioxx-related injuries. 

 MEDICAID

With regards to state Medicaid, the LRA will verify directly with the Medicaid agency for each state and U.S. territory which Participating Claimants currently are or have been Medicaid beneficiaries in each state/territory between the dates of ingestion through the date of settlement.  You can be assured that you will not be denied future Medicaid benefits due to failure to resolve Medicaid’s legal right to recovery in this Settlement Program.  However, it must be stressed that while this Medicaid lien satisfies Medicaid’s reimbursement interest, you remain responsible for meeting your state’s Medicaid income and/or asset requirements in order for your state Medicaid benefits to continue uninterrupted.

OTHER GOVERNMENT PROGRAMS

With respect to healthcare benefits under the VA, TRICARE or Indian Health Services, the Lien Resolution Administrator also will resolve those government programs’ interest. However, the cooperation of the Enrolling Claimants and plaintiff counsel is required, as the Lien Resolution Administrator only will address those interests of which it has been notified.

NON-GOVERNMENTAL PROGRAMS AND PRIVATE HEALTH INSURANCE

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

 


Contact Us

FOR ATTORNEYS ONLY -
For further information contact:

Vioxx Lien Resolution Administrator
The Garretson Law Firm
Phone: (877) 774-1130
Fax: (704) 565-5344
vioxxlra@garretsonfirm.com


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