Parents sue insurer for damages.

Tara - posted on 08/10/2010 ( 17 moms have responded )

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http://www.courthousenews.com/2010/08/10...



This is the story of a family whose private insurance denied their daughter a life saving liver transplant. During a protest at the insurance offices, employees, made lewd gestures to them and also taunted them etc. finally the execs inside decided to approve the procedure, the protesters were told it would be done. She died several hours later.

Her parents believe she died unnecessarily, however they are also suing for damages from the incidences at the protest. Read for more..

Comments?



I'm stuck on this one, I don't believe that they should be awarded what they are asking for, I do believe they are owed their daughters life back. But that's not what the case is about.

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Sharon - posted on 08/10/2010

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I think they are owed a significant amount of money but I believe the biggest pain that should be inflicted on CIGNA should be that they have to fully fund 1000 uninsured liver transplants.

They owe the family for lost wages, the funeral costs, additional hospital costs they didn't originally cover x 3 and I'm not sure what else. Oh, they are owed for the nasty gestures the employees made too. THAT was uncalled for.

Insurance companies are killing people for specious reasons in the name of the almighty dollar. Cancelling plans for an unpaid .85 discrepancy. Its bullshit and its time to make being stingy UNPROFITABLE.

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I do understand also Tara, and I can respect that. Like Jaime said, it's just so hard to know what WOULD have happened. We just have to worry about what did happen. It's so hard to comment when we weren't there and I'm sure we're not getting all the facts?!! Isn't it he said, she said? OR were there witnesses to all of it?

Jaime - posted on 08/11/2010

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After reading this article, I think this couple deserves what they are asking for.



What the f&^k is the point of health insurance if your claim is going to be denied every time you petition the company to cover medical expenses? There was a movie similar to this 'The Rainmaker'...pretty much along the same lines. The insurance company denied funding for surgery and the woman's son died after his body was ravaged by cancer.



It doesn't sound like this couple is asking for anything more than what they are owed and shame on this CIGNA group and all it's employees for badgering this grieving family!

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17 Comments

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Nikki - posted on 08/13/2010

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This makes me sick!!!
I am Canadian and we are very lucky we dont have to pay for health care. I will never understand why people should have to, it makes absolutely no sense that someone should be denied to receive a lifesaving surgery because they dont have the money to pay for it. On another note , why pay for insurance if they are not going to follow through on their end. I just don't get it how health care is given priority to the wealthy.

Jaime - posted on 08/13/2010

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So true Tania...I'm so grateful for our Canadian health care system...despite it's flaws and inconveniences, we've still got it pretty good compared to some countries.

Tania - posted on 08/13/2010

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This makes me sick and so angry. I can't believe people are denined health care.
As an outsider, I'm Canadian, I see the U.S. as a counrty thast only cares about people with money.
Those parents should get everything they want plus a publc apology.
I was on dyalisis for a year and I am so thankful that I never had to worry about how I was going to pay for.it.

Jaime - posted on 08/13/2010

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Thanks Laura for that info...I agree it's a bit odd that an equation exists to determine what someone is owed for their child's life being lost. Even without knowing these parents, and despite any irrational requests made by them (if any), I very much doubt I'd be in a bargaining mood if my child had died as a result of the dismissal of my insurance claim for surgery. When our house burned down in 1996, my mother had absolutely NO problems getting the insurance claim paid out within a few months and it wasn't even completely determined that my bone head brother didn't start the friggin' fire...it was later determined to be electrical. It just amazes me that this family, that was already grieving the hardships of dangerous surgery, were treated so poorly by a company that was supposed to help ease the financial burden of their situation. Fucking douchebags!

Isobel - posted on 08/12/2010

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sorry, but she would have likely survived it not for their negligent actions...but just for the record...there is a formula for the value of a human being's life

human life value approach (economic value of an individual life) (EVOIL)
quantitative measure to determine the amount of life insurance required to replace lost future earnings of a wage earner. Three steps are used in arriving at the needed sum:

1.Determine average yearly earned income devoted to a family in the future by the wage earner (AEIDF).
2.Determine future number of years wage earner is planning to work (n).
3.Determine the interest rate (i) (discount factor) to be used in calculating the present value of the average yearly earned income devoted to family.

The calculation uses this equation:


bah...it won't copy and paste the equation...still, I think it's a little gross that it even exists

Jaime - posted on 08/12/2010

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Tara, I can see what you're saying, but you never know if they would still have sued the company if their daughter lived and got the transplant. I'm inclined to think that they would have...I would have. The company was way out of line and I do feel that they are entitled to some sort of punitive damages. It's extremely appalling what the company said and did and they should be accountable regardless of the outcome in my opinion.

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I'm appalled. I work for an HMO and sometimes I have to deliver bad news. I cannot for one moment imagine behaving like those employees did towards someone distraught. I mean JEEZ! Minimally do your mockery away from public view!

These are situations I do bring up when people complain that only the government would "ration" health care.

Tara - posted on 08/12/2010

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@Dana, The reason I said they shouldn't get what they are asking for is the amount of money claimed for "emotional trauma" not from their daughters death (she was still alive that day) but for the ignorant and yes shameful gestures made by the employees. In order for someone to sue for such types of damages the damage (imo) should be severe. To separate their anger about Gigna and the actions of the employees would be hard for a jury to do. If her daughter had not died but had lived and got her transplant, I doubt very much that they would have sued for "emotional damages" from the incident at the protest. kwim?

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How embarrassing for CIGNA! I'm with the other ladies, Tara....I do think they should be awarded whatever they're asking for and then some. What a horrible and tragic situation. My uncle died from Luekemia...

Tah - posted on 08/11/2010

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i do beleive that should get the award..the employees were out of line. cigna should be accountable for the loss of life and the emotional distress caused by the employees...absolutely..

Tracey - posted on 08/11/2010

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Was a transplant organ available for the entire month the insurance company was refusing to pay? I thought organs had to be transplanted within hours of becoming available, or are there so many organs waiting that the operation could have go ahead the day they agreed to pay.
The company employees should be punished for their actions towards the parents, but I do not think these actions should be compensated for as the parents started the protest. However the insurance company should have to pay compensation for contributing towards the death of their daughter.

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