News
The work of Stritmatter Kessler (SKWC) is often recognized by others in the community, including by those covering important news developments. For your convenience, please find a few of the more recent news stories on this page. If you find one that you feel should be included on our site, please contact Catherine.Fleming.JD@gmail.com.
Key Battles Won
Challenge of DSHS analysis and application of Ahlborn decision in subrogation claims.
Subrogation is the legal word for the right to seek reimbursement when medical bills are paid by a third party. The problem becomes when you do not secure a full recovery in bringing a negligence claim. Should you have to reimburse the subrogation claim when you have not been paid in full for your injury?
When Medicaid pays your bills in the State of Washington, DSHS seeks to be reimbursed by the law of subrogation for the bills they pay. A United States Supreme Court decision a few years ago set forth many of the rules that govern this type of a subrogation claim. But DSHS has interpreted this case improperly so as to force higher subrogation payments from people who bring negligence claims.
We, SKWC, challenged the way that DSHS was interpreting and applying the law. DSHS claimed that it had handled over 7,000 subrogation claims without a challenge after the United States Supreme Court decision. Ultimately we filed a motion with the court proving that our interpretation was correct. Rather than respond, DSHS agreed with our challenge. This not only saved our client over $70,000, it should save injured people who rely on DSHS to pay their bills millions of dollars in subrogation claims in the future. We were proud to advance the rights of all citizens of the State of Washington in this subrogation area of the law.
