Aug 25, 2010
Federal Judge Cuts Medicaid Lien in $12 Million Mold Settlement
In a decision sure to get the personal injury bar’s attention, a federal judge has ruled that a settling plaintiff cannot be automatically required to reimburse the Pennsylvania Department of Public Welfare for 100 percent of her Medicaid expenses because a settlement always reflects a compromise. The ruling follows a nearly $12 million settlement in a “state-created danger” suit against the Philadelphia Housing Authority over mold that allegedly triggered an acute asthma attack and left a teenage girl brain-damaged.