This is Inexcusable!!!
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This is Inexcusable!!!
| Fri, 10-09-2009 - 12:52pm |
This is the kind of healthcare conservatives want us to have. These are the types of companies they want to protect.
Thursday, October 8, 2009
CIGNA Employee Flips Off Mother Of Girl Who Died, Denied a Transplant
You may recall the case of Nataline Sarkisyan, 17, who was denied a liver transplant by CIGNA, on the grounds that the operation was "too experimental." Nine days later, following a number of protests, the company changed its mind, but it was too late: Nataline died hours later, on Dec. 20, 2007.
Ten months later, Hilda and Krikor Sarkisyan went to CIGNA's Philadelphia headquarters, along with members the California Nurses Association, who have long supported Medicare for All, to confront CIGNA CEO Edward Hanway over the death of their 17-year-old child.
Naturally, they were not allowed to talk to Hanway. Far worse, however, was the fact that a CIGNA employee flipped the group off from a balcony. That finger may cost CIGNA dearly, despite a later CIGNA apology.
The Sarkisyans filed a wrongful-death suit againt CIGNA, but a Los Angeles judge threw out the suit, saying it was barred by a 1987 U.S. Supreme Court ruling that protects employer-paid health care plans from damages with regards to their coverage decisions. That's the bad news.
The good news, from U.S. District Judge Gary Allen Feess, is that the Sarkisyans could pursue damages for any emotional distress caused by the Philadelphia incident. Indeed, that's where the finger comes into play.
Essentially, as Hilda Sarkisyan admitted herself, it's ludicrous. They cannot sue because CIGNA denied treatment, essentially killing their daughter, but flipping the bird, that they can sue for. Admittedly, it would seem a jury would be sympathetic to the family.
The family is not interested in the money. They are interested in change.
Just imagine if this were YOUR child.
Thursday, October 8, 2009
CIGNA Employee Flips Off Mother Of Girl Who Died, Denied a Transplant
You may recall the case of Nataline Sarkisyan, 17, who was denied a liver transplant by CIGNA, on the grounds that the operation was "too experimental." Nine days later, following a number of protests, the company changed its mind, but it was too late: Nataline died hours later, on Dec. 20, 2007.Ten months later, Hilda and Krikor Sarkisyan went to CIGNA's Philadelphia headquarters, along with members the California Nurses Association, who have long supported Medicare for All, to confront CIGNA CEO Edward Hanway over the death of their 17-year-old child.
Naturally, they were not allowed to talk to Hanway. Far worse, however, was the fact that a CIGNA employee flipped the group off from a balcony. That finger may cost CIGNA dearly, despite a later CIGNA apology.
The Sarkisyans filed a wrongful-death suit againt CIGNA, but a Los Angeles judge threw out the suit, saying it was barred by a 1987 U.S. Supreme Court ruling that protects employer-paid health care plans from damages with regards to their coverage decisions. That's the bad news.
The good news, from U.S. District Judge Gary Allen Feess, is that the Sarkisyans could pursue damages for any emotional distress caused by the Philadelphia incident. Indeed, that's where the finger comes into play.
Essentially, as Hilda Sarkisyan admitted herself, it's ludicrous. They cannot sue because CIGNA denied treatment, essentially killing their daughter, but flipping the bird, that they can sue for. Admittedly, it would seem a jury would be sympathetic to the family.
The family is not interested in the money. They are interested in change.
"If you don't sue, you can't make changes," Hilda Sarkisyan said. "It's not about the money. It's about the principle. They are just going to keep denying people care if we don't stop them."


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Very disturbing, I wholeheartedly agree with you. As for the jackazz who flipped the family members off, he should have his bell rung by somebody.....AFTER he's terminated from his job.
I wish the Sarkisyan's good luck with their lawsuit. This is one time the victims should be rewarded very generously. CIGNA should be embarrassed by their inaction and delay tactics causing this poor girl's death. My guess is they won't be. They'll be quite upset, however, over any awards they must give to the family.
Just to add:
http://www.youtube.com/watch?v=3yOtKWipG-o&feature=player_embedded# .
Apparently he was not alone, in that other employee(s) heckled them from the same balcony.
As an aside, this really surprised me:
"Like the Feres Doctrine, which prevents military medical malpractice lawsuits, and tort reform caps that effectively preclude many malpractice lawsuits, Americans are prevented from suing employee insurance provider plans under ERISA or the Employee Retirement Income Security Act, which governs employee retirement funds and benefits.
"Under ERISA, employees can challenge only the cost of the service they are disputing.
"Since the cost of undertaking a mammoth challenge against the insurance industry often precluding the cost of what they can recover, most lawyers are unwilling to take on employer provided insurance plans. End result- employees have no recourse in the court.
"Workplace health plans are a source of insurance for about 132 million Americans and their dependents.
"Wendell Potter agrees the system is stacked in favor of large insurance companies.
""HMOs and insurers are largely free to deny access to care without fear of reprisal or financial consequences," Potter said in a speech."
Read more: http://www.injuryboard.com/national-news/parents-of-teen-challenge-cigna-over-emotional-distress-.aspx?googleid=272410#ixzz0TSjX9uVO
~The good news, from U.S. District Judge Gary Allen Feess, is that the Sarkisyans could pursue damages for any emotional distress caused by the Philadelphia incident.~
An update:
"The family of a 17-year-old teen who died after CIGNA insurance denied her liver transplant, has refiled a lawsuit against the company charging emotional distress."
Read more: http://www.injuryboard.com/national-news/parents-of-teen-challenge-cigna-over-emotional-distress-.aspx?googleid=272410#ixzz0TSkjdWMj
Since when has a liver transplant been 'too experimental'???
It's completely disgusting that
I recall years ago reading in the New York times a story about a boy who flipped the bird to a police officer from the back of a school bus.
The officer detained the boy, and eventually the case went up to the Supreme Court. The court decided flipping the bird was an example of protected free speech.
Additionally, a speech by an individual, not encouraged or condoned by an employer is not something the employer should be held liable for. This would make any employer liable for any action by any employee. It is nonsense.
Generally company paid health insurance plans are contracted between an employer and an insurance company. The insurance company often functions as the payment processor, and also provides its negotiated provider discounts to the contracting corporation.
I'm uncertain in this case if it was the insurance company or the company that contracted with the insurance company who denied the transplant. It is important to know where to place the blame.
Often experimental surgery is not covered by any insurance company. Additionally there are stories from the U.K. about people being denied transplants by the government and dying.
Would you really have been less outraged had the government denied her a transplant? Would that really have made such a difference?
My mom has Medicare, my dad VA. They have both been diagnosed and treated for cancer so simply. No questions asked. Just get a referral written and faxed and it's on to the next phase. No dozens of phone calls, looking for providers who take their insurance or offer the treatment, waiting to see if this test or treatment will be approved....... Just done. No hassle.
I remember fighting my health insurance company for 9 months to get an MRI. Didn't get it, until after I lay screaming in an ER ,with an already ruptured disc. Was rushed into surgery with only "conditional" approval for the surgery, because the ER I was at, didn't fall under my "network."
I know who
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