Article Advocates Going After Personal Injury Attorneys as ERISA Fiduciaries

Please note this article: “Can You Recover Under ERISA When The Settlement Money Is Spent?- ERISA Recovery in a Post Sereboff World.” At the end of the article, there is a discussion of how health plans and administrators should try to pursue the personal injury attorney as an ERISA fiduciary, once the personal injury attorney has been paid settlement funds on behalf of his or her client. It is apparently an old theory of recovery advocated in the 1990s, but, according to the author of the article, could be given new life by the post-Sereboff caselaw which is developing.