My husband had a claim for the Avandia lawsuit he received some of the proceeds but they are holding the medicare holdback

Asked over 1 year ago - Shacklefords, VA

which we had personal insurance no medicare or Medicaid. since his heart attack he had been back and forth to the cardiologist. he just passed away march 15 from a myocardial infarction are you able to resue for the death?

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . The person's surviving family may follow through with a personal injury attorney and may continue to pursue a wrongful death lawsuit to recover damages.

  2. Robert Bruce Kopelson

    Contributor Level 20

    3

    Lawyers agree

    Answered . Talk to the attys who represented him before.

  3. George Costas Andriotis

    Contributor Level 20

    3

    Lawyers agree

    Answered . Surviving dependent family members may bring a wrongful death suit under the facts you presented.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Josh P Tolin

    Contributor Level 19

    2

    Lawyers agree

    Answered . If you are claiming the death is from Avandia and you settled from his injuries and then died, it depends on the release, There shouldn't be any monies held out based on your question if you had private insurance with respect to Medicare or Medicaid.Just make sure no monies were paid by Medicaid or medicare. You need to discuss this with your lawyer In VA. What you seem to be asking about is to re-sue for death versus injuries, speak to your lawyer and have him or her look at the release.

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