In March, Creed & Gowdy attorneys Bryan Gowdy and Meredith Ross, along with co-counsel, filed a petition for writ of certiorari in the United States Supreme Court on behalf of their client, Ms. Gianinna Gallardo. Today, the Supreme Court granted the petition. To view the Supreme Court's order list, click here. Creed & Gowdy will now begin work on their merits brief.
The question presented is: Under the Medicaid Act, may Florida and the other States recover Medicaid payments of a beneficiary's past medical expenses by taking from the portion of a beneficiary's tort recovery that compensates for future medical expenses? The Florida Supreme Court has answered "no" to this question and ruled that Florida may not take from such portions of tort recoveries. The U.S. Court of Appeals for the Eleventh Circuit has ruled the opposite and authorized Florida to take such portions. Nationally, courts and state legislatures are divided on the answer to this question. The petition asks the U.S. Supreme Court to resolve this conflict by answering the question as the Florida Supreme Court did and to ensure the Medicaid Act is applied the same in all the States to identically situated beneficiaries.
The case docket and petition for certiorari can be viewed here and here.
To read an article published by Law360, click here. (subscription required)
On June 10, 2021, Stephen R. Senn (President of the Florida Bar Foundation) awarded Bryan Gowdy the President's Award for Excellence. This award recognizes Bryan's long-standing devotion to the principles of equal justice for all, commitment to the Foundation's mission and dedication to serving the communities and clients it seeks to serve.
WJCT, NPR's Jacksonville news station, recently interviewed Bryan Gowdy to gain his insights to the case as the attorney for 26 Past Presidents of The Florida Bar Foundation. Mr. Gowdy presented oral argument on behalf of his clients to the Florida Supreme Court on May 5th.
To view WJCT's article, click here.
To view Creed & Gowdy's news release, click here.
Bryan Gowdy presented oral argument to the Florida Supreme Court on behalf of 26 Past Presidents of The Florida Bar Foundation who commented on a proposed rule amendment that would change how IOTA funds are distributed to legal aid organizations in Florida. Fourteen groups commented on, and opposed, the proposed rule. In addition to Mr. Gowdy, the chair of the Florida Supreme Court's Task Force, Mayanne Downs, and counsel for three other groups also presented oral argument--Thomas D. Hall for The Florida Civil Legal Aid Association; Elliot H. Scherker for The Innocence Project of Florida, Inc.; and Raoul G. Cantero for 34 Past Presidents of The Florida Bar.
To watch the oral argument, click here.
The case number at the Supreme Court of Florida is SC20-1543.
To view the Law360 article about this case, click here. (subscription required)
To view The Florida Bar News article on this case, click here.