Subrogation for a self insured ERISA plan and intervention

[Guest JD698]

In light of the difficulties stemming from the Supreme Court's decision in Knudson and other circuit's varying decisions in other cases when dealing with reimbursement from a 3rd party lawsuit, it has been suggested that the health plan intervene in the members' personal injury lawsuits. Has anyone done this? If so, does anyone know where I can obtain a sample motion and/or complaint where the health fund intervenes as a party plaintiff in New York and/or New Jersey courts?

Any help would be appreciated.

[mal]

We have been intervening only if the potential recovery justifies the cost of being actively involved in the suit. Otherwise my experience has been that few PI attorneys are aware of, or willing to attempt to take advantage of Knudson. The goal of the intervention is to get to court to exercise jurisdiction over the settlement/verdict proceeds via a constructive trust. Unfortunately, (or fortunately), we have not been forced to fully litigate this issue. All cases have settled.