ERISA Liens on Child Settlements

Florida Probate Law Group
ERISA Logo

ERISA liens on child settlements are not always required to be paid, and our firm is here to help. At Florida Probate Law Group, we strive to deliver child injury settlements free from unnecessary liens in order to maximize your client’s recovery. Burdensome ERISA liens in child injury cases are vulnerable to being negated through settlement apportionment during the local court approval process. Federal courts have recognized the authority of state probate courts to protect child injury settlement funds, even when healthcare providers argued lien preemption based on strong subrogation language within the subject ERISA plan. See In The Matter of the Guardianship of O. D. v. The Ashley Healthcare Plan, No. 3:2011cv00146 – Document 17 (N.D. Miss. 2013); Bauhaus USA, Inc. v. Copeland, 2001 WL 1524373 (N.D. Miss. Mar. 9, 2001).

Healthcare providers seeking to enforce liens in federal court have even been forced to pay attorney’s fees after having their actions dismissed. In 2015, the Mississippi Supreme Court allowed attorney’s fees to be levied against a healthcare provider for their frivolous federal action to enforce an ERISA lien that had been negated by the local probate court. In the Matter of the GUARDIANSHIP of O.D., A Minor: Ashley Healthcare Plan v. Michael DILLARD and Kimberly Dillard, 177 So.3d 175 (2015). The thought of a healthcare provider seeking enforcement of an ERISA lien in federal court, only to wind up with an bill for the defendant’s attorney’s fees, will give pause to future lien holders in the same scenario.

Injured children and their attorneys should be encouraged by the limitation of ERISA preemption by federal courts. State probate courts wield the power to diminish or erase ERISA liens in child injury cases. In the court approval phase of a child injury case, Florida Probate Law Group will always seek an order apportioning the minor’s settlement to the maximum advantage of the minor. Our firm works statewide, on a flat fee basis, with no fees or costs up front. Click here for a breakdown of child injury rules in Florida. Should you have a question about a specific case, call (352) 354-2654 or email cdavid@floridaprobatelawgroup.com.

Client Reviews

I was very happy with her response to my questions and concerns about Florida probate. I am in Ohio and was not familiar with the process but they cleared everything up for me and made me feel comfortable going through the probate process with my loved ones will.

Roger

Honest and straight forward assessment of complex case. My case span both federal and state issues, as well as civil case of fraud which maybe criminal fraud. He told me what he could do, what his limits of scope were and what my best/safest position should be and gave me an outline of how to get...

S. Todd

The world of probate can be fairly daunting for one who has little to no experience. Between trying to figure out what to file and when to file, there is also the where. I was quite relieved to have Nadine and Cary to guide me through the court process.

Michael O.

I highly recommend using this law group for your Florida probate needs, and in particular, Charles David. He explained clearly what my 91 year old aunt would need to do in order to sell property that was in hers and her late husband's name.

Patti T.

Florida probate law group,was very helpful in answering the many questions that I had concerning my situation their input was very appreciated thank you.

Shirley M.

Contact Us

  1. 1 Free Consultation
  2. 2 Flat Fees
  3. 3 Serving All Florida Counties
Fill out the contact form or call us at (352) 354-2654 to schedule your free consultation.

Leave Us a Message