Bill Bystrynski successfully argued a case involving Medicaid liens at the 4th U.S. Circuit Court of Appeals in Richmond, Va., convincing the court to overturn a lower court ruling.
The decision, E.M.A. v. Cansler, has ramifications for severely injured plaintiffs in North Carolina and around the country.
The N.C. Medicaid program had claimed it was entitled to up to one-third of all funds recovered by severely injured people in the Medicaid program who were injured by the negligence of others. Under the court's ruling, however, a case-by-case determination would be made, allowing persons with severe injuries to keep more of money they recovered by suing those responsible for their injuries. Judge Andre M. Davis wrote for the court's majority that North Carolina's one-third recovery cap is in "fatal conflict with federal law."
The State has petitioned for review of the decision, and the case is scheduled to be argued before and decided by the U.S. Supreme Court.