May Plaintiffs Include the United States Claim Under the Federal Medical Care Recovery Act Without Government Intervention?

Soon after the inception of the Hospital Recovery Claims Program, Government agencies concluded that the most effective means of asserting and collecting claims under the provisions of 42 U.S.C. 2651-3 would be through the injured party\u27s attorney. Since approximately 95% of all person injury claims are settled prior to trial, the question of who could sue if the claim could not be settled amicably remained unresolved. At the end of the first year all agencies were advised to request the plaintiff\u27s lawyers to include the Government\u27s claim as an item of special damages if suit were filed. Within a few months questions arose as to the injured party\u27s right to assert the Government\u27s claim and the necessity for the United States to be a party to the suit