BarbriSFCourseDetails
  1. keyboard_arrow_leftBack
BarbriPdBannerMessage

Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Tuesday, November 11, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$197.00

This course is $0 with these passes:

CLE
ALL

This CLE course will discuss strategies for addressing the expanded sources of reimbursement ushered in under Gallardo v. Marstiller, 142 S.Ct. 1751 (2022). The panel will review the significant implications for trial lawyers on the structure and amounts of existing and pending settlements and review guidance from the Centers for Medicare & Medicaid Services (CMS).

Description

Gallardo held that the federal Medicaid anti-lien statutes do not prevent states from seeking reimbursement of Medicaid payments from settlements, judgments, or other awards of any kind, including payments allocated for future—and not just past—medical care. On Mar. 8, 2023, the CMS reminded states that they have an affirmative obligation to maximize all reimbursement rights.

After Gallardo Medicaid beneficiaries may receive less compensation from their personal injury cases. All parties must rethink settlement strategies, amounts and structures, and how cases are tried.

Attorneys must also address issues arising in existing settlements that were made under completely different assumptions regarding the source and amounts available for future medical expenses.

Listen as this stellar panel of lien resolution attorneys guides counsel through new challenges in settling personal injury cases and planning for future medical expenses.

Outline

I. Impact of Gallardo v. Marstiller

II. Effect on settled cases

III. Effect on future cases

IV. Strategies for mitigating the harshness of the holding

Benefits

The panel will review these and other key issues:

  • How can counsel prevent the state(s) from taking a disproportionate share of any settlement recovery?
  • Can settlements be structured to prevent overreaching?
  • What other types of expenses or reimbursement scenarios might the case affect?
  • Can states recover anticipated expenses for services it has not furnished?
  • Will other exceptions to the anti-lien and anti-recovery provisions be challenged?