Putting Medicare on the Settlement Check

Jules Olsman, a well known plaintiffs' attorney in Michigan, recently spoke at the monthly dinner meeting of the Association of Defense Trial Counsel (ADTC), which I am the Treasurer of this year. He handed out the attached memorandum discussing the need -- or rather the lack thereof -- to include Medicare on settlement drafts in personal injury cases. Mr. Olsman relies on three cases in support of his position that Medicare should never be included on a settlement draft: Tomlinson v. Landers, 2009 WL 1117399 (M.D. Fla); Bradley v. Sebelius, 621 F.3d 1330 (11th Cir. 2010); and Azleppa v. Seiwell, 9 A.3d 632 (Pa. 2010).

New Caps on Non-Economic Damages for 2011

The Michigan Department of Treasury has announced that the new caps on noneconomic damages in products liability cases where the product did not cause either death or permanent loss of a vital bodily function for 2011 is $411,300. The indexed cap in cases involving death or permanent loss of a vital bodily function is now $734,500. The cap on noneconomic damages in medical malpractice cases is now $432,000.