Fifth Circuit Also Leaning Toward Allowing Medicare Advantage Plans an MSP Double Damages Private Cause of Action Right
Heather Schwartz Sanderson
The U.S. District Court for the Southern District of Texas has issued an opinion in ongoing litigation by Aetna and Humana, both Medicare Advantage Plans (MAPs), against a Plaintiff law firm that represented asbestos trusts. The allegation by Aetna and Humana (“Plaintiffs”) is that Defendant Shrader Associates LLP (“Schrader”) represented at least fifteen “Matched claimants” that received coverage from the Plaintiffs ERISA or Medicare Advantage Plans, the ...
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