Onstad Blog

Apr 20

Written by: Rock Onstad
4/20/2011 3:58 PM 

 

There are many types of subrogation. Some are created by statute and come is created by contract. The entity that paid the medical expenses is known as the “subrogee.”
 
A subrogee can be a private insurance company, Medicaid, Medicare, the U.S. Government, a hospital, or a worker’s compensation insurance carrier. The percentage of the bills paid by the subrogee that the subrogee can recoup out of the victims settlement depends on the type of subrogee. For example, a healthcare insurance provider may be a wholly self-funded employee benefits plan which is regulated by ERISA. ERISA plans have special rights.
 
In most cases, the victim’s attorney can negotiate a reduction of the subrogation with the subrogee. The amount of the reduction will vary depending on the type of subrogee. If the subrogee is a worker’s compensation insurance carrier, it is almost automatic to get a 1/3 reduction that is provided by statute. On the extreme side, an ERISA plan may allow no reduction.
 
Every auto accident victim who retains an attorney must understand that their case cannot get settled until all potential subrogees are identified and the subrogation interest is satisfied. The insurance carriers for defendants in auto accident cases will make satisfaction of the subrogaton a contingency to settlement.
 
In some cases, the subrogation amount and an unwillingness of a subrogee to compromise the amount, makes in impracticable for the auto accident victim to proceed with a claim.
 
It is not uncommon for a subrogee to include amounts in a subrogation lien that were for payments made for medical treatment that are wholly unrelated to the auto accident.
 
The bottom line is a case cannot be concluded until the subrogee gets its money.

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VERDICTS AND SETTLEMENTS in which Rockne W. Onstad was Lead Counsel or Co-Counsel

    Gross Amount  Client Recovery        Attorney Fee           Expenses Nature
$13,650,000 $8,055,000 $5,460,000 $135,000 Product Liability, Military Helicopter Gear Box, Spinal Injuries (settlement)
$9,200,000 $6,320,064 $2,760,000 $119,358 Product Liability, Aircraft Carburetor, Wrongful Death (settlement)
$6,800,000 $4,473,334 $2,266,666 $60,000 Premises Liability, Brain Injury, Water Park Slide (settlement)
$4,980,000 $2,437,000 $2,490,000 $53,000 Labor & Delivery Negligence, Fetal Distress, Cerebral Palsy (settlement)
$4,300,000 $309,000 $138,000 $13,000 Pilot Negligence, Airplane Crash, Wrongful Death (jury verdict)
$3,850,000 $2,373,000 $1,425,000 $52,000 Labor & Delivery Negligence, Fetal Distress, Cerebral Palsy (settlement)
$3,500,000 $2,028,000 $1,400,000 $72,000 Product Liability, Defective Pick-Up, Spinal Cord Injury (settlement)
$3,235,000 $2,361,250 $808,750 $65,000 Brain Injury, Federal Tort Claim, FAA Negligence (verdict) affirmed on appeal
$3,000,000 $1,724,000 $1,200,000 $76,000 Neurosurgeon Malpractice, Cauda Equina Syndrome (settlement)
$2,950,000 $1,731,000 $1,180,000 $39,000 Defective Design of Helicopter, Paralysis & Wrongful Death (settlement)
$2,900,000 $844,000 $694,000 $26,000 Auto Accident, Spinal Injury & Ankle Injury (jury verdict/settlement)
$2,800,000 $1,864,667 $924,333 $12,000 Premises Liability, Hotel Fire, Wrongful Death (settlement)
$2,500,000 $1,644,667 $833,333 $22,000 Product Liablity, Defective Farm Tractor, Arm Loss (settlement)
$2,300,000 $1,399,000 $960,000 $41,000 Medical Malpractice, Anesthesia, Brain Injury (settlement)
$2,300,000 $1,091,000 $920,000 $59,000 Product Liability, All Terrain Vehicle, Spinal Cord Injury (settlement)
$2,200,000 $1,321,000 $733,333 $44,000 Cerebral Palsy, Medical Malpractice, Preeclampsia (settlement)
$2,200,000 $1,267,000 $880,000 $53,000 Construction Negligence & Insurance Bad Faith, Spinal Injury(settlement)
$2,200,000 $1,191,000 $880,000 $129,000 Product liability, subdural hematoma
$2,100,000 $1,462,334 $557,666 $80,000 Hospital Labor Nurse Negligence, Fetal Distress, Cerebral Palsy (settlement)
$2,000,000 $1,303,334 $666,666 $30,000 Anesthesia Malpractice, Esophageal Intubation, Wrongful Death (settlement)
$2,000,000 $1,106,887 $800,000 $93,111 Radiologist Malpractice, Brain Catheterization, Brain Injury (settlement)
$2,000,000 $976,484 $976,482 $47,034 Obstetrician Malpractice, Forceps Delivery, Brain Injury (settlement)
$2,000,000 $972,331 $972,669 $55,000 Obstetrical Malpractice, IUGR, Cerebral Palsy (settlement)
$1,900,000 $905,000 $950,000 $45,000 Clinic Failure to Supervise Impaired Physician, 4 Injured (settlement)
$1,900,000 $73,000 Pilot Error, Helicopter Crash, Wrongful Death (jury verdict-no insurance coverage)
$1,860,000 $978,518 $645,000 $137,480 Neurosurgeon Malpractice, Infection, Cauda Equina Syndrome (settlement)
$1,700,000 $1,130,730 $565,363 $3,907 Product Liability, Defective Refueling Coupling, Burns (settlement)
$1,500,000 $847,000 $600,000 $53,000 Defective Aircraft Component, Military Aircraft, Wrongful Death (settlement)
$1,425,000 $900,310 $457,571 $67,119 Intraoperative Spinal Cord Monitoring Negligence, Spinal Cord Injury (settlement)
$1,400,000 $848,221 $503,552 $51,227 Obstetrician Malpractice, Group B Strep Infection, Cerebral Palsy (settlement)
$1,400,000 $718,689 $560,000 $130,522 Neurosurgeon Malpractice, Infection, Brain Injury (jury trial & settlement)
$1,400,000 $818,000 $560,000 $22,000 Auto Trucking Accident, Spinal Injury (settlement)
$1,300,000 $718,689 $520,000 $26,000 Hospital Newborn Nursing Negligence, Visual Impairment (settlement)
$1,300,000 $285,000 $250,000 $33,189 Emergency Room Malpractice, Wrongful Death (jury verdict and settlement))
$1,237,000 $718,689 $400,000 $30,000 Cardiologist Malpractice, Brain Injury (settlement)
$1,200,000 $659,879 $395,666 $144,455 Prolapsed umbilical cord, Hospital Obstetrics Negligence
$1,167,000 $594,086 $417,000 $72,513 Emergency Room Negligence, Heart Attack, Wrongful Death (settlement)
$1,150,000 $727,667 $383,333 $39,000 Obstetrician Malpractice, Group B Strep, Cerebral Palsy (settlement)
$1,111,000 $594,933 $444,400 $71,623 Product Liability, Heart Stent, Heart Damage (settlement)
$1,100,000 $770,000 $440,000 $25,996 Radiologist Malpractice, Failure to Diagnose Breast Cancer, Death (settlement)
$1,060,000 $532,715 $478,991 $48,810 Obstetrician Negligence, Breech Delivery, Cerebral Palsy (settlement)
$1,000,000 $630,000 $333,000 $36,000 Defective Military Aircraft, Manufacturing Defect, Wrongful Death (settlement)
$1,000,000 $566,116 $400,000 $33,884 Surgeon Malpractice, Bile Duct Injury, Wrongful Death (settlement)
$1,000,000 $477,500 $477,500 $45,000 Surgeon Malpractice, Bariatric Surgery, Wrongful Death (settlement)
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