How Reality Changes Because of the Law

For many years, asbestos personal injury lawyers had pointed an accusatory finger at all sorts of industries, wholesale distributors, contractors, retail distributors, etc., claiming asbestos use or exposure continued up to the very present day...

But then came along a little change in the law regarding Medicare and the leins the Federal Government could put on the settlement dollars generated by these lawsuits. To make a long and painful legislative story short, anything paid out to settle bodily injury claims that comes from insurance in effect 12/5/1980 onward is fair game for Uncle Sam to get his hooks into to settle Medicare costs first.

And, lo! The very fabric of time and space was changed... Suddenly the complaints and petitions on almost every asbestos lawsuit stop their allegations of exposure to asbestos at the end of 1979. Who knew that the CMS could reach back in time and rid America of asbestos just short of New Year's Day 1980? I am quite sure it has NOTHING to do with plaintiff lawyers not wanting to get caught in Federal red tape and paper work, or see someone else bite of a chunk of where their contingency fees come from...