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: Day on TortsMedicare Subrogation in Wrongful Death Cases
By John A. Day
From time to time I will see a question posted on the trial lawyers' listserve asking whether Medicare has a subrogation interest in wrongful death proceeds. The answer is "yes," and this opinion helps explain why.
Tennessee wrongful death law permits the recovery of medical expenses incurred between the injury caused by negligence and the death. Missouri has similar law, and the Eighth Circuit Court of Appeals affirmed the right of Medicare assert a right to a portion of the proceeds.
The case is Mathis v. Leavitt, No. 08-1983 (8th Cir. Jan. 30, 2009). Read it here.
Full post as published by Day on Torts on February 10, 2009 (boomark / email).
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