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32 Cumb. L. Rev. 349 (2001-2002)
Successfully Discharging Medical Liens in Personal Injury Cases

handle is hein.journals/cumlr32 and id is 357 raw text is: SUCCESSFULLY DISCHARGING MEDICAL LIENS IN PERSONAL INJURY CASES ERIK V. LARSON* AND DIANA L. PANIAN**+ I. INTRODUCTION For counsel to effectuate a full, final and complete conclusion to a plaintiff's personal injury claim, it is important to ensure that all enforceable liens are extinguished. Personal injury liens may be held by both federal and state government agencies as well as private entities that provide medical care and benefits. These third party claims have the ability to affect any judgment or settlement in which a plaintiff was provided medical treatment. The purpose of this article is to sensitize practitioners to the variety of ways in which third party liens arise in the personal injury context. Because penalties and liabilities can attach to both plaintiffs and defendants if these liens are not satisfied, it is important to analyze the plaintiff's medical treatment to determine if there are any third party claims to a judgment or settlement. Accordingly, this evaluation should be a part of every attorney's personal injury litigation checklist. II. FEDERAL GOVERNMENT LIENS Congress has enacted several statutes and regulations that provide medical care benefits to those who might not otherwise be able to obtain them. In providing these benefits, Congress has also empowered various governmental agencies to pursue recoupment of these benefits through liens and subrogation rights when the need for medical benefits is caused by a third party who is legally liable to the medical care recipient (third party tortfeasor). Consistent with liens and subrogation * Erik V. Larson, Southwestern University, B.A. 1991 magna cum laude; Baylor University, J.D. 1994. Mr. Larson is an associate in the Houston, Texas office of Shook, Hardy & Bacon L.L.P. Diana L. Panian, Texas A & M University, B.S. 1995; South Texas College of Law, J.D. 1998 summa cum laude. Ms. Panian is an associate in the Houston, Texas office of Shook, Hardy & Bacon L.L.P. + The authors would like to thank Danny Kustoff of Lang & Kustoff in San Antonio, Texas for his contribution to this article. The authors would also like to thank David Hartnett and Michelle Wittenberg for their assistance in preparing this article.

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