Key Takeaway
Court vacates post-verdict interest when plaintiff fails to provide Medicare status affidavit required under CPLR 5003-a for defendant's federal reporting compliance.
Personal injury cases don’t end when a jury renders a verdict. Post-verdict procedural requirements can significantly impact the final resolution, particularly when federal regulations intersect with state law. One critical requirement involves Medicare reporting obligations that defendants must satisfy after obtaining a judgment.
In Torres v Visto Realty Corp., the First Department addressed what happens when a plaintiff fails to cooperate with these post-verdict requirements. The case demonstrates how seemingly administrative obligations can have substantial financial consequences, including the loss of accrued interest on a judgment.
Jason Tenenbaum’s Analysis:
Torres v Visto Realty Corp., 2015 NY Slip Op 03255 (1st Dept. 2015)
“Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered April 4, 2014, which upon defendant’s motion, vacated the portions of the judgment, same court and Justice, entered November 21, 2013, awarding plaintiff interest, costs, and disbursements, and attorneys’ fees, if any, as calculated in the judgment, vacated all future interests, costs, disbursements, and attorneys’ fees, if any, accrued after entry of the judgment, ordered that no further interest, costs, disbursements and attorneys’ fees, if any, are to accrue, ordered plaintiff’s counsel to provide a Satisfaction of Judgment to defendant’s counsel and file an amended or modified judgment in the amount of $200,000 within 20 days, and ordered plaintiff to provide an affidavit that he is not and was not a Medicare recipient at the time of the accident within 30 days, unanimously affirmed, without costs.”
“Contrary to plaintiff’s contention, the court properly found that plaintiff did not satisfy his obligations under CPLR 5003-a, since he failed to provide defendant with the information relating to his Medicare status that defendant requires to comply with its reporting obligations under 42 USC § 1395y”
Key Takeaway
CPLR 5003-a requires plaintiffs to provide Medicare status information to defendants for federal reporting compliance. Failure to provide this information can result in the vacation of post-verdict interest, costs, and attorney’s fees. This case underscores the importance of completing all post-verdict procedural requirements, as even high-value personal injury settlements can be affected by administrative non-compliance.
