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