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Richard Joppich and Amanda Kakos Obtain Federal Court Dismissal of Medicare Double Damages Claim

March, 2017

Richard Joppich, Amanda Kakos

Richard Joppich, the head of the firm’s Medicare Secondary Payer Compliance Practice, and Kitch no-fault defense attorney Amanda Kakos, successfully briefed, argued, and were granted summary judgment in the Federal District Court for the Eastern District of Michigan, dismissing a no-fault plaintiff’s claim against a national insurer for double damages under the private right of action in the Medicare Secondary Payer Act.  The plaintiff had asserted entitlement to double damages in the approximate amount of $450,000 as a result of the insurer’s failure to reimburse Medicare for its conditional payment of medical expenses allegedly related to the plaintiff’s automobile accident pending an underlying state court no-fault personal injury protection claim.  Since Medicare had been and continued to pursue the reimbursement issues with the insurer directly and plaintiff could not point to anything the insurer had done “wrong” in dealing with the government on the issue, the federal court dismissed the federal claims.

For nearly 30 years, Mr. Joppich has been a medical malpractice defense trial attorney.  Flowing from this practice, for the past ten years, he has developed a focus on assisting healthcare systems, liability insurers, the courts, and other attorneys with navigating private health insurance, Medicaid, and Medicare Secondary Payer law implications and compliance in claims, litigation management, and settlement negotiations.  He is a prolific speaker, giving over forty presentations locally, regionally and nationally, and is published on these and other related topics.

Ms. Kakos focuses her practice on insurance defense litigation.  She received her J.D. from Wayne State University Law School, where she was recognized as a Dean’s Merit Scholar and was a member of the Wayne Law Review.  Ms. Kakos is a member of the Michigan Defense Trial Counsel and the Defense Research Institute. She is licensed to practice law in the State of Michigan and the Eastern District of Michigan.