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Pennsylvania Injury Lawyers
Eastern District Decision Holding NO ERISA SubrogationAttached is a copy of Mills v. London Grove Township from the Eastern District of Pennsylvania where Judge Fullam denies ACS' claim for an ERISA lien in a claim arising out of a minor's injuries from a car accident. Essentially, he notes that the member parents never executed a reimbursement agreement before medical bills were paid, which may have fatally prejudiced the claim. In addition, he notes that laches could even apply. But more importantly, and of substance, he finds that under the Knudson and Sereboff United States Supreme Court decisions, the claim is still not allowable because the monies being disbursed to a minor would be doing directly into a "self fund special needs trust.". Also, the ERISA plan is not allowed to object to the actual settlement and approval of the third party case.
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