dha@davidabneylaw.com
+1-502-352-2450
Welcome to
David H. Abney, II
Attorney at Law
Healthcare Subrogation and Personal Injury Litigation 

"Superior knowledge, extensive experience and elite customer service”

“David Abney is the ultimate professional and is both knowledgeable and skilled in handling all your subrogation needs. You can trust him to take care of your clients, and beyond that, he is an absolute pleasure to work with. I highly recommend him.”
– Danielle Ward Mason, Principal Medical Devices and Drugs – Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

About David H. Abney, II

For nearly a decade, David has focused his efforts on representing tort victims against subrogation claims. He takes pride in his relationships with his clients. He lives in Frankfort, Kentucky with his wife Lauren and their 4 children. A regular lecturer and presenter at American Association for Justice CLE’s, TrialSmith national webinars and dozens of state trial organization conventions. Education: University of Kentucky College of Law (J.D. 2001); Mercer University (B.A. History and Communication, cum laude, 1998). Member of Kentucky Justice Association Board of Governors, the Kentucky Bar Association, the American Association for Justice, the Kentucky Justice Association.

ERISA

ERISA health care reimbursement claims present some of the most difficult issues and can often derail a potential tort settlement if not handled properly.  Resolving ERISA reimbursement claims has been the cornerstone of our practice for nearly a decade.  The Law Office of David Abney has navigated thousands of clients across these dangerous waters.  We routinely secure waivers in cases where plan language is defective, but just as importantly our experience negotiation skills allow us to provide invaluable advice to clients.  We designed our claims audit and multi-level language review processes with one goal in mind; securing the largest possible reduction for the client.  We take pride in our results and are happy to provide references if you are interested in speaking with our current clients.

Medicaid

Medicaid recovery jurisprudence is largely driven by state law, but sound Medicaid lien resolution strategy requires a current understanding of pending federal legislation.  The post Affordable Care Act Medicaid expansion means a larger number of clients face Medicaid Liens against their tort settlements.  In addition to lien resolution services our office can provide advice on issues relating to benefit preservation and estate recovery claims. 

Medicare

Unlike other companies that may provide services for CMS or have a financial interest in having settlement funds placed in a Medicare Set Aside, we happily embrace our role as an advocate for the client.  We are not a third party neutral nor will we ever advise that a client’s settlement funds be used for services that are not required or needed.  We prefer to begin work on Medicare files as early in the process as possible, preferably before settlement negotiations begin.  We often work with the defense to coordinate how claims are reported to CMS post settlement to prevent the problem of getting a CMS Final Demand Letter that greatly exceeds the last CMS Conditional Payment Log.  We resolve both traditional Medicare and Medicare Advantage claims while taking care not to compromise the client’s eligibility to receive future benefits.

Mass Torts

Over the past several years we have begun a strategic venture into the realm of mass tort lien resolution.  Whether it be Zyprexa, HRT or medical devices our board lien resolution program is designed to provide the same type of “white glove” service we deliver to single event clients on a larger scale.  Our approach is to being as early in the process as possible.  In a recent project 80% of the clients had their settlements finalized and dispersed within the first 30 days after the funding of the QSF.  We are also often retained to resolve the private insurance component of national mass tort cases.  We readily admit that we are not the best option for mass tort cases with more than 5,000 cases, but our laser like approach is ideal for cases in the 500-2,500 range. 

“The Law Office of David H. Abney, II has been an invaluable resource for my firm. I can confidently rely on David’s expertise to handle any and all lien resolution issue so that I can stay focused on maximizing my client’s recovery. David’s results have always exceeded my expectations, but more importantly, they exceeded my clients’ expectations. “

Peter Perlman, Esq., American Association for Justice, Past President; Trial Lawyers for Public Justice, Past President; Kentucky Justice Association, Former President

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