Number
061563
Version
SUBSTITUTE 1
Reference
Sponsor
The Chair
Title
A substitute resolution authorizing cancellation of the City of Milwaukee’s subrogation claim against Edward Raspor for medical services under the Basic Health Plan.
Analysis
This resolution authorizes the settlement of a subrogation claim arising under the City’s Basic Health Plan in the lawsuit Edward Raspor et al. v. Waukesha Springs Health and Rehabilitation Center, et al., Waukesha County Case No. 04-CV-2344.
Body
Whereas, There is currently pending a negligence action, Edward Raspor et al. v. Waukesha Springs Health and Rehabilitation Center, et al., Waukesha County Case No. 04-CV-2344, in which the estate of Edward Raspor seeks compensation for injuries sustained as a result of alleged negligence on the part of the defendant during an admission occurring in 2002; and
Whereas, The City of Milwaukee has made payments on behalf of Edward Raspor for medical treatment and services pursuant to its Basic Health Plan in the amount of $203,316.45; and
Whereas, The City of Milwaukee has a subrogation claim in the litigation as a result of such payments; and
Whereas, The defendant has gone out of business and there are no assets available to settle this claim; and
Whereas, Plaintiff’s counsel has offered the City the amount of $7,338.03 in settlement of its subrogation claim out of a total settlement amount of $22,500.00 in the entire case; and
Whereas, Wisconsin Physicians Service Insurance Corporation (WPS), the claims administrator for the Basic Plan at the time the medical payments were made, advises that it is unlikely that a court would award the City any recovery on its subrogation claim; and
Whereas, Under these circumstances, the cancellation of the City of Milwaukee’s subrogation claim reflects the legal liability of the parties and is a fair and equitable resolution of the City of Milwaukee’s subrogation claim; and
Whereas, The Common Council wishes to cancel this c...
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