A state Medicaid agency could not recover the full amount of medical payments made on behalf of a personal injury plaintiff, the Arizona Court of Appeals has ruled in affirming judgment. The plaintiff was injured in an automobile accident and settled her personal injury suit for $843,000.
The beginnings "I've been surrounded by therapy most of my life," Heysinger said. "When I was four years old my sister was in a severe automobile accident and suffered a traumatic brain injury. She's had years of therapy and that was just part of our everyday life, with Kim first going to rehab centers and then living out in the community with support staff. Her therapists just weren't medical people; they became a second family to us. "So in high school, when you determine what you are going to do with your life, I knew I wanted to go into the medical field. I had thoughts of being a pharmacist, a physician or a therapist. Then it hit me one day that physical therapy was my world. I loved it and I loved seeing how my sister progressed and how the therapists worked with us as a family. ...
Ford Motor could assert the "modification defense" in a seatbelt defect case, even though the individual who allegedly failed to properly secure the plaintiff's seatbelt was not a party to the action, the North Carolina Supreme Court has ruled in reversing judgment. The plaintiff was a child when she suffered a spinal injury in an automobile accident that left her paralyzed. At the time of the accident, the plaintiff was a rear-seat passenger in a Ford Taurus driven by her mother.
Personal injury arising from automobile accident; medical payments provision of personal auto insurance policy; entering into settlement with tortfeasors without informing the insurance company; subrogation clause; insurance company is not required to directly file suit against the tortfeasor; duty of cooperation between insured and insurer.
Doctors who treated a woman who suffered permanent brain damage following an automobile accident could be sued under a "lost chance" theory of liability for failing to minimize her disability, the has ruled in reversing judgment. The plaintiff suffered a head injury in an automobile accident. After receiving treatment at a hospital, she was sent home. She returned the following day after experiencing neurological problems and it was ultimately determined that she had suffered a stroke which left her with permanent, severe brain damage.
Smith Funeral Home Helene Marie McHeffey Webb died on October 13, 2010, from a brain injury sustained in an automobile accident. A caregiver all her life, Taffe (a name first used in her father's journals) always offered a smile, a prayer, food and an open door to those in need. Born November 10, 1933, in Butte, Montana, to George and Bella Larsen McHeffey, she, her sister Pat and their parents lived in Butte and then in Rochester, MN, returning to Butte where she graduated from Butte High School.
An ERISA plan's right to obtain reimbursement from an insured's personal injury settlement is subject to the equitable defense of unjust enrichment, the 3rd Circuit has ruled in reversing a $66,900 judgment. The defendant was insured under an employee benefit plan administered by US Airways. The plan paid $66,900 for medical expenses relating to injuries suffered by the defendant in an automobile accident. After the defendant recovered $110,000 in a personal injury action against third parties, US Airways filed an action for reimbursement under [section]502(a)(3) of ERISA, demanding the full $66,900 it had paid without allowance for the defendant's legal costs.
A Mountain Grove roofer was awarded $287,500 for a mainly untreated soft-tissue neck injury he sustained in an automobile accident. In August 2005, Dondi Mudd was leaving his job at Hutchens' Steel Foundry in Mansfield and traveling on U.S. 60 toward Norwood when he tried to pass a co-worker on a hill. Janice Estes was pulling out of her driveway onto the highway at the time and hit both Mudd and his co-worker.
A personal injury plaintiff could not recover the face amounts of his medical bills when his healthcare providers accepted lesser amounts from Medicare in settlement of the charges, the Texas Supreme Court has ruled in affirming judgment. The plaintiff filed a personal injury suit after being injured in an automobile accident with the defendant. The plaintiff's healthcare providers billed him a total of $110,000, but wrote off approximately $82,000 pursuant to Medicare guidelines.
Her life has been sorely tested, but Derian Gatewood, 12, has persevered. When she was 3, Derian suffered a serious head injury in an automobile accident that claimed the life of her mother. A stroke followed the injury, and the then toddler had to relearn how to walk, eat, talk and play.
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