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).