Written by Daniel J. Munroe and John F. Kearns III

Article from: CONNECTICUT LAWYER MAGAZINE

August/September 2012 Volume 23 / Number 2

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Written by Daniel J. Munroe and John F. Kearns III

Article from: CONNECTICUT LAWYER MAGAZINE

October 2011/ Volume 22 / Number 3

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BY: JOHN F. KEARNS III, CELA

Introduction

Congratulations!  You have just obtained a big personal injury settlement for your disabled client.  Don’t celebrate early.  Your joy will quickly turn to despair over a legal malpractice claim if you do not plan for your client’s long-term medical expenses after the settlement.  A post-settlement plan without a review of the 1998 revision to C.G.S. §45a-151, and the recent Connecticut Supreme Court’s decision in Department of Social Services v. Saunders, could result in ruin for both you and your client.  Your client will be unhappy if the client is required to repay the Medicaid lien and spend-down the balance of the settlement.

Written by John F. Kearns III

Article from: CONNECTICUT LAWYER MAGAZINE

November 2008/ Volume 19 / Number 4

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You’ve won the case -- but now what?

You have just settled a personal injury claim for $2.5 million dollars for Mary.  She has a Medicare lien and a Medicaid lien.  Mary will need a special needs trust.  You made a derivative claim for loss of consortium on behalf of Mary’s husband, Tom.  The defendant has a structured settlement broker who wants to meet with you and Mary’s family.  How can you quickly tie up the loose ends and get the money?