opioid litigation Archives

Complex Post-Settlement Liens | Webinar | July 26, 2018 | 2pm

July 4th, 2018|Categories: HB Tort Notes|Tags: opioid class action, opioid crisis, opioid epidemic, opioid litigation|

Date: July 26, 2018 Time: 2pm-3:30pm Fee: $125 Register and pay online or contact Kathleen.McFadden@LitigationConferences.com (484) 324-2755 x2000 Speakers Franklin Solomon Solomon Law Firm Brett Newman Lien Resolution Group Complex Post-Settlement Liens Join us for a highly practical session with two deeply experienced practitioners who will share their insights and answer your questions on issues that impact the cases on your desk today. Learn about the newest case law, agency positions and litigation tactics affecting health and disability plan reimbursement claims, including how to protect your clients and your practice in this rapidly developing area. Our speakers will discuss: Medicare Advantage Plans Federal Employees Health Benefits Act (FEHBA) Plans Employee Retirement Income Security Act (ERISA) Claims Medicare set-asides TRICARE Veterans Administration Claims Speaker Bios Franklin P. Solomon | Solomon Law Firm Franklin Solomon has a nationwide practice focused on evaluation, litigation and resolution of healthcare lien/reimbursement claims. He represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Most recently, he was plaintiffs’ counsel in two federal appellate court cases decided last summer: Wurtz v. The Rawlings Company, ___ F.3d ___, (2d Cir. 2014), a class action challenging New York insurers’ reimbursement claims against their insureds, and Taransky [...]

Miller Friel: Opioid Suppliers Are Right to Expect Insurance Coverage

June 1st, 2018|Categories: HB Risk Notes, HB Tort Notes|Tags: opioid class actions, opioid insurance, opioid litigation|

An excerpt from a post by Bernard Bell of Miller Friel PLLC "Because insurers are facing a difficult time evading coverage for opioid claims, they are raising all sorts of non-contractual defenses to avoid coverage, including a 'social insurance' argument they have raised in the past. "If past public health crises are prologue, these arguments will run something like this: Holding insurers responsible to pay for the costs of public services, including health care, will transform private party liability insurance into social insurance to underwrite public health epidemics caused by all manner of ills. According to insurers, this will, at a minimum, increase the cost of liability insurance, and financially harm liability insurers, who have not priced this risk into their premiums. Moreover, holding insurers liable to pay will shift costs away from those best equipped to address the social problem; the companies that supply the opioid products. "These arguments are inconsistent with insurance law, which permits parties to freely contract to cover risks, and which place the burden on insurers to pay for insured risk, even if they made an error in underwriting. Courts interpret insurance contracts according to their language and construe them against insurers if they are ambiguous, and in favor of an insureds’ reasonable expectations of coverage. "Moreover, to the extent courts are inclined to look past contract [...]

Mass Tort Med School | May 9-11, 2018 | New York

January 11th, 2018|Categories: HB Risk Notes|Tags: abilify, asbestos talc, benicar, class actions, flu vaccine, hernia mesh, influenza, mass torts, mass torts conference, opioid litigation, personal injury, plaintiff conference, Product Liability, talc, testosterone, vaginal mesh|

CHAIRS Vicki Maniatis | Partner | Sanders Phillips Grossman, LLC Both federal and state judges have appointed Vicki as lead counsel on various Plaintiffs’ steering committees in well-known mass tort cases. She has received several distinguished honors as a top attorney and is active in the New Jersey Association for Justice, the American Association for Justice, and the New York State Trial Lawyers Association. Vicki is one of the founding faculty members of the Mass Tort Med School. Read more. Dr. John Restaino, MPH, JD, DPM | Senior Of-Counsel Attorney | Sanders Phillips Grossman, LLC John works with the firm on several litigations including the opioid "mass fatality crisis" litigation, transvaginal mesh and talc/ovarian cancer litigation. John practiced surgery of the foot and ankle from 1980 to 1990, prescribing opioids during that time and has practiced at the law since 1991. He obtained his MPH from the Division of Epidemiology at the Johns Hopkins Bloomberg School of Public Health in 2008. Read more. Harris L. Pogust | Partner | Pogust Braslow & Millrood LLC Harris has spent his career representing people who have been injured not only by the negligence of others, but also by the greed and intentional actions of large corporations across the country, as well as the federal government. For more than 25 years, Harris has been litigating, bringing to trial, and settling claims, and [...]