In a lawsuit that seems like a scene out of Michael Moore’s SICKO recent film on the U.S. health system, CIGNA is facing a lawsuit after it denied coverage to Nataline Sarkisyan who needed a liver transplant. The California teenager, 17, died at the University of California, Los Angeles Medical Center despite the fact that a match was found weeks previously. CIGNA HealthCare decided that the procedure was “too experimental” to try — or least pay for. Now, there is a called for manslaughter charges against CIGNA — and a likely tort action.
It could make for a compelling tort action, but will likely run into contractual and legal protections given to insurance carriers. The case may increase demands for state and federal legislators to examine those contractual and legal provisions. When death is the alternative, an “experimental” procedure is better than no procedure. Then again, I am only a juris doctor.
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Well, the homestead is full of life and wonderful aromas are wafting from the kitchen where bigtime cooking is going on (At times like this I am glad I am a male and have a kind of cultural pass on cooking duties during the holidays!)
Its actually snowing a little bit and so a White Christmas, ah we miss you, Bing Crosby!
Conviviality abounds here, we certainly never talk Law or Politics (ok, a bit of the former this morning) but thats wisdom. Christmas is a respite from the “wars” so to speak.
But there is a real War going on and I want to express deep thanks and heartfelt prayers for the servicemen and women who serve their Country today in Iraq and Afghanistan. May their Christmas be safe and giving of what solace and quiet joy this season so uniquely bestows for those with hearts to receive it.
Now I better get back to being a host.
Thank you both, Gentle Men, and Happy Holidays to you and your families.
As is so often the case, we all basically agree, perhaps just not in the way each of us might prefer, ideally.
I’ll make a limited Holiday effort to post some continued thoughtful Holiday humor.
P.S. Where is JT except with his four half-beast/half-child afflictions? Who’s minding the store, as it were?
Patty C.
My apologies to you I didn’t read your earlier posts. I too would love for somebody to show a cost benefit analysis of the so many claims specialists. I’m a numbers guy so this would be a treat.
Deeply Worried,
Thanks for the holiday wishes. Glad to know we can disagree and still remain civil about it. Actually, I was the jerk who used the term “idiots” so maybe I wasn’t so civil. In any event, this poor girl has still lost her life, and I pray for the family as I’m sure this is going to be a tough Christmas.
The point is, despite our disagreements, I truly believe we all want the same thing for ourselves and our families.
And I always look forward to your posts, Patty C. since we both share some common viewpoints and humor! 🙂
Warmest Holiday Greetings!
To you as well Jay! Best wishes to everyone.
It’s unanimous – at least you have something worthwhile to say!
You should know that insurance companies actually have a ‘formula’ for both estimating and calculating future settlements in order to, first, set aside moneys in reserve for anticipated possible future pay out.
Patty C,
Thanks! and yes, I do seem to love to hear myself talk! My motto is “Why use 20 words when 100 will do!?”
Oops I hit the “submit” button before correcting some factual errors in the procedure I described.
The Class Action Fairness Act of 2005 put medical class actions into the federal courts where they die. Nothing to do with awards. Sorry!