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's 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's lawyers to include the Government's claim as an item of special damages if suit were filed. Within a few months questions arose as to the injured party's right to assert the Government's claim and the necessity for the United States to be a party to the suit.
Michael F. Noone Jr., May Plaintiffs Include the United States Claim Under the Federal Medical Care Recovery Act Without Government Intervention?, 10 USAF JAG L. REV. 20 (1968).