TAMPA – Publix Super Markets is seeking to recover $88,846 in health care costs paid by its insurance plan to a family that later settled a medical negligence lawsuit.
Atricia Figareu and Frantz Paul, filed the negligence suit against medical providers after their daughter, "L.P." suffered a “brachial plexus” injury at birth. The injury involves nerves that send signals from the spinal cord to the shoulder, arm and hand. Frantz Paul, the father, works for the grocery store chain and was covered under the company’s insurance plan.
“The Plan has a right to reimbursement of the medical expenses that it paid on L.P.’s behalf from any and all settlement funds obtained from third parties allegedly responsible for her injury(ies) up to the sum of $88,846.39,” Publix said in its federal lawsuit, which also names the law firm which represented the family in the action against the medical providers.
Some of the funds from the settlement remain with the law firm, according to the suit.
In the suit filed last month, Publix seeks an injunction stopping the defendants from “dissipating or disposing of the settlement funds, pending final determination by this Court.”
On Nov. 14, 2018, Publix attempted to intervene in the family’s lawsuit against the medical providers, but on Nov. 21, 2018, the family voluntarily dismissed the suit, Publix claims.
“The voluntary dismissal with prejudice just seven days after Publix filed its Motion to Intervene, was a deliberate maneuver intended to impede Publix’s pursuit of reimbursement,” the suit says.
The later settlement with the medical providers far exceeds the $88,846.39 reimbursement Publix is seeking, the lawsuit states.
The Publix health insurance plan is self-funded and includes a reimbursement provision “which serves the important purpose of conserving plan assets for the benefit of all participants,” the lawsuit states.
Publix Super Markets, Inc. v. Patricia Figareu et al. U.S. District Court, Middle District of Florida, Tampa division, 8:19-cv-00545