Matthiesen, Wickert & Lehrer, S.C. (MWL) attorneys work with Medicare Advantage Plans, ERISA plan administrators, third-party administrators, fiduciaries and stop loss carriers to maximize reimbursement of plan assets. Our focus is to resolve every claim without litigation, but when negotiations break down our attorneys are prepared for litigation. Our attorneys are admitted to numerous federal district and circuit courts throughout the country and have represented clients in all 50 states. MWL has successfully represented MAO’s and ERISA plan administrators in federal courts throughout the country in litigation involving reimbursement and overpayments. Our attorneys routinely seek injunctions to prevent beneficiary’s counsel from disposing of settlement funds and orders tracing funds to bank accounts, trusts, and other assets.

Our attorneys also routinely advise insurers and plan administrators on plan and policy design in order to maximize benefit recovery and minimize future benefit liabilities. Ryan Woody is a nationally recognized ERISA and Medicare Advantage expert. Insurers and plan administrators contact us to review and strategize on their toughest cases or to author amicus briefs on cases of great significance to the industry.

MWL strives to keep its clients informed at the cutting edge of ERISA legal developments. In fact, MWL wrote the book on ERISA and Health Insurance Subrogation! We are the authors of ERISA and Health Insurance Subrogation In All 50 States, published by Juris Publishing, Inc., New York, the best-selling and only national treatise used by health insurance professionals and practitioners throughout the country. Our attorneys have also appeared before state legislatures and on television and radio programs defending ERISA reimbursement rights.


Litigation Experience:

It’s Greek to Me, Inc. v. Fisher, 2018 WL 953111 (D. Kan. Feb. 20, 2018) (First district court within the 10th Circuit to hold that attorney is a proper defendant for purposes of an ERISA 502(a)(3) equitable lien by agreement, distinguishing the 8th Circuit’s Goding decision.)

Sols. Shared Servs. v. Jimenez, 452 F. Supp. 3d 541 (W.D. Tex. 2020) (Won a dismissal of RICO counterclaims against health Plan’s subrogation agent.) 

Humana Med. Plan, Inc. v. W. Heritage Ins. Co., 832 F.3d 1229 (11th Cir. 2016) (Court found that Medicare Advantage Organization had private right of action under Medicare Secondary Payer law) (Filed amicus brief on behalf of America’s Health Insurance Plans in support of Humana).

Humana, Inc. v. Medtronic Sofamor Danek USA, Inc., 133 F. Supp. 3d 1068 (W.D. Tenn. 2015) (Court adopted Avandia finding both a private cause of action under the Medicare Secondary Payer Act and also a federal Right-to-Charge action.)

Collins v. Wellcare Healthcare Plans, Inc., 73 F.Supp.3d 653 (E.D. La. Dec. 16, 2014) (Court found private cause of action for Medicare Advantage Organization against enrollee within the Medicare Secondary Payer Act.)

Wausau Supply Co. v. Murphy, 2014 WL 2565555 (W.D. Wis. June 6, 2014) (decision on motion to dismiss and motion to remand); 2014 WL 4717068 (W.D. Wis. Sept. 22, 2014) (Decision on motion for summary judgment) (representing ERISA fiduciary in reimbursement action under § 502(a)(3).)