MacDonald v. Emergency Staffing Solutions, Inc. et al

Filing 31

OPINION AND ORDER by Judge Frank H. Seay granting 23 Motion to Determine the Non-Existence of a Medicare Lien(trl, Chambers)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
JEFF MACDONALD, GUARDIAN OF ILSE
MACDONALD,
Plaintiff,
vs.
EMERGENCY STAFFING SOLUTIONS, INC.
and WILLIAM VALUCK, D.O.,
Defendants.

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) Case No. 12-438-FHS
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OPINION AND ORDER
Before the court for its consideration is the Plaintiff’s
Motion to Determine the Non-Existence Of a Medicare Lien (Doc.
23).

In this motion, Plaintiff has established Ilse MacDonald

suffered a subarachnoid hemorrhage and as a result, incurred
medical bills.

Insurance paid her emergency room bills and a

portion of her other medical bills.

Medicare has paid some bills

as well.
In the motion, Plaintiff sets forth the efforts made to
ascertain from Medicare if it is asserting a lien. Medicare has
failed to respond to the correspondence. Defendants have no
objection to granting this motion.
Accordingly, the court grants Plaintiff’s Motion to
Determine the Non-Existence Of a Medicare Lien (Doc. 23) and
finds Medicare has no liens for monies it has paid for medical
expenses incurred by Ilse MacDonald as a result of her
subarachnoid hemorrhage,

which occurred on November 30, 2010.

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IT IS SO ORDERED this 10th day of June, 2013.

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