Setoff Allowed to Correct Erroneous Distribution

A setoff will be allowed to the Pennsylvania Bureau of Medical Care Availability and Reduction of Error Fund (“MCARE”) allowing it to reduce the amount of damages it owes to the estate by its share of punitive damages payable to it, because it failed to receive the payment for its share of punitive damages due to an error by the attorney for the administrator and the setoff is an appropriate way for the court to enforce its order of distribution. The attorney for the administrator should not be allowed to appeal the setoff order because she is asserting her personal interests in conflict with the interests of the administrator and has never withdrawn as attorney of record for the administrator or sought to become a party to the proceeding. Dubose, Adm. of Dubose State v. Willowcrest Nursing Home, 9 Fid.Rep.3d 232 (Philadelphia O.C. 2019).

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