ILNews

Hospital doesn't owe attorney any contingency fees

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A Kokomo attorney is not entitled to collect his contingency fees from a hospital in his representation of a patient caught in an insurance dispute, the Indiana Court of Appeals has held.

Patient T.W. was admitted to St. Francis Hospital in Beech Grove for emergency treatment of kidney cancer. He had insurance with Kaiser Permanente of Southern California, but his insurer refused to pay the $26,524.27 bill because T.W. didn’t receive the treatment in California.

T.W. hired Alan D. Wilson to go after Kaiser for not paying the bill and he agreed to pay Wilson on a contingency fee basis. Kaiser later paid the entire amount directly to St. Francis. Wilson then tried to recover one-third of the amount from St. Francis by asserting an attorney’s lien. St. Francis refused to pay, and Wilson filed his complaint seeking the money.

The Court of Appeals affirmed the entry of summary judgment in favor of St. Francis in Alan D. Wilson v. Sisters of St. Francis Health Services, No. 34A02-1101-CC-57. Wilson also argued he was entitled to the money because St. Francis had asserted a hospital lien, which is subordinate to an attorney fee lien.

Wilson does not have a valid equitable attorney fee lien on the payment made by Kaiser to St. Francis, the judges ruled. Wilson failed to cite any authority that allows a charging lien under these circumstances – that insurance payments made to a third party under the client’s health insurance policy are subject to a charging lien.

The appellate court also rejected Wilson’s claim that he’s entitled to the money based on an unjust enrichment theory. The judges agreed that the hospital, which is a “stranger” to the contingency fee agreement, shouldn’t be forced to carry the burden of T.W.’s contractual obligations. Wilson didn’t prove that a measurable benefit was conferred on St. Francis that it’s retention of the insurance payment without payment of attorney fees would be unjust.

The judges also found that because St. Francis did not have a valid hospital lien and Wilson didn’t have a valid attorney lien, the statutory requirement that a hospital lien be “subject and subordinate to any attorney’s lien” wasn’t applicable.
 

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  • No good deed goes unpunished
    Another blow to lawyers. So, this lawyer agrees to a contingency fee to go after $27,000. He fights the insurance company, and wins for the intended third party beneficiary (the hospital). Then, he has to actually bring suit against the hospital for approximately $9,000, which, in turn, goes up on appeal. Wow. That's a lot of work for $9,000. My question is how much work was expended in the first place, trying to get the insurance company to cough up the money.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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