The United States of America, the American Association of Justice, and the Florida Justice Association filed amicus briefs in the U.S. Supreme Court in support of Creed & Gowdy's client, Ms. Gianinna Gallardo, a Medicaid beneficiary. Ms. Gallardo's case asks the Court to decide whether a state Medicaid agency may seek reimbursement for Medicaid's payment of the beneficiary's past medical expenses by taking from the portion of the beneficiary's tort recovery that compensates for future medical expenses. The American Academy of Physician Life Care Planners also filed an amicus brief that supported neither party. The amicus briefs may be reviewed at the Court's docket.
Creed & Gowdy and co-counsel filed the merits brief in the United States Supreme Court on behalf of their client, Ms. Gianinna Gallardo, a Medicaid beneficiary. The brief's introduction argues:
Many individuals require Medicaid's assistance because of injuries inflicted by third parties. [Ms.] Gallardo is one. When she was 13, a truck struck her after she stepped off her school bus, causing severe injuries requiring a lifetime of expensive care. Her parents sued those responsible, demanding compensation for her future medical expenses, lost earnings, and pain and suffering-and past medical expenses paid by Medicaid. Ms. Gallardo ultimately settled for a fraction of the damages she sought. Florida's Medicaid agency then imposed a lien to reimburse itself from the portions of the settlement representing both past and future medical expenses. Florida thereby sought to "pocket funds marked for things it never paid for." Pet. App. 28 (Wilson, J. dissenting).
The Medicaid Act proscribes such overreaching. Its anti-lien and anti-recovery provisions broadly prohibit States from seeking reimbursement for Medicaid expenditures from beneficiaries' tort recoveries and other property. Ark. Dep't of Health & Human Servs. v. Ahlborn, 547 U.S. 268, 285, 292 (2006). The Act's third-party provisions are an exception to that prohibition-but one strictly limited by the provisions' terms. The most relevant provision, 42 U.S.C. § 1396a(a)(25)(H), gives a State the right to third-party payments only insofar as they represent liability for "health care items or services" that have been "furnished" by Medicaid. The third-party provisions give a State no right to payments for medical expenses Medicaid has not paid.
To read the complete brief, click here.
On August 31, 2021, Bryan Gowdy, on behalf of the Florida Justice Association and others, presented oral argument before the Florida Supreme Court. He argued the implications of changing the Florida Rules of Appellate Procedure to allow for the immediate appeal of orders granting or denying leave to plead claims for punitive damages.
To listen to the oral argument, click here.
To read more about the case, click here. (subscription required)
The Fifth District Court of Appeal granted a petition filed by Dimitri Peteves and Bryan Gowdy. The case involved an approximate $300,000 fee order stemming from a county court action. Mr. Peteves and Mr. Gowdy successfully persuaded the appellate court that the trial court exceeded the scope of its mandate in awarding attorney's fees.
The Super Lawyers list for 2021 has been released, and four Creed & Gowdy, P.A. attorneys have been named.
Rebecca Creed and Bryan Gowdy have been Top-Rated Appellate Attorneys in Jacksonville, FL for over the past 11 years. This year, Rebecca and Bryan were ranked Top 100 Florida Super Lawyers for 2021. Rebecca and Bryan have also been ranked Top 25 Jacksonville Super Lawyers for 2021. This list consists of the top-rated attorneys evaluated by peer recognition and professional achievement in their area of practice.
Thomas A. Burns, of Counsel, was selected as a Top-Rated Appellate Attorney in Tampa, FL for 2021 for the third year in a row.
D. Gray Thomas, of Counsel, was selected as a Top-Rated Criminal Defense Attorney in Jacksonville, FL. Gray has been a Top-Rated Criminal Defense Attorney for the last six years.
Being selected to Super Lawyers is limited to a small number of attorneys in each state. As some of the few attorneys named Super Lawyers, Creed & Gowdy is proud of our attorney's continuous peer recognition and professional achievements!