In Hadden v. United States, plaintiff was injured when he was struck by a utility truck. The utility truck had lost control when it was run off the road by another car that ran a stop sign. The car responsible for the accident was never identified. Medicare paid for plaintiffs’ medical expenses related to the accident. Plaintiff settled his claims against the owner of the utility truck and signed a release in which he agreed to pay and satisfy all medical expenses, liens, and claims related to the incident. Plaintiff agreed to settle with the party based on what he perceived to be the fault allocation of the settling defendant. Plaintiff was ordered to pay Medicare its reimbursement even though the liable tortfeasor was never found.
Date of Decision: August 6, 2009
Hadden v. United States, CASE NO.: 1:08-CV-102009, United States District Court for the Western District of Kentucky, U.S. Dist. LEXIS 69383 (W.D. KY, Aug. 6, 2009) (Russell, J.)