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The lawsuit

Posted: Fri Sep 02, 2016 1:24 pm
by Precision
Guys, I know you are aware of most of the backstory, so I won't cover too much of that.

The simple facts. The wife had a job at a Cancer Center. When she got brain mets, they let her go by pushing her into the disability system. That was done because she refused their treatment plan and had a great result elsewhere. As their head of marketing, that was not acceptable.

As part of being put out of a job and onto disability, that made her COBRA eligible. She took it, Duh, Cancer. They then sold the practice and did not report her COBRA status to the purchaser. They cancelled her policy without notice to her or insuring her at the new company. This led to a 40ish day laps of coverage and most importantly a 25ish day window with no access to her cancer prevention drug. As a direct result of that lapse, she had renewed tumor growth and new mets issues. As a result of that she got mets to the liver and pancreas. You know, what killed her.

My understanding of the law is that cancellation of COBRA for people with an existing condition is ILLEGAL. COBRA is specifically set up so people DON'T die from lack of coverage. The new company reinstated her once the red tape was figured out, but way too late.

I spoke with a GIANT law firm and they refused to take the case. Any ideas why? They said they couldn't tell me why. In fairness, I only talked to a case intake minion. In theory through a personal reference, an actually litigation attorney from that firm is calling me today. He is calling as a favor to a friend of mine and Dawn.

Very frustrated right now.

Re: The lawsuit

Posted: Fri Sep 02, 2016 1:45 pm
by Gunnuts
GIANT law firm?

Conflict of interest. They're already in the sack with the employer and/or their associates.

Re: The lawsuit

Posted: Fri Sep 02, 2016 7:00 pm
by Rod
If you know of someone in similar circumstances, find out who they picked as a lawyer. Mega law firms are only looking for the big bucks so, unless you're suing for 50 mil or more (just a guess), they don't want the hassle.

Re: The lawsuit

Posted: Fri Sep 02, 2016 7:22 pm
by Jered
Document everything, and get a referral to a smaller/midsized law firm.

Re: The lawsuit

Posted: Fri Sep 02, 2016 9:47 pm
by MarkD
Jered wrote:Document everything, and get a referral to a smaller/midsized law firm.
+1

And ignore the one who promises no fee unless they win, because they'll push you into a settlement that much less than you should get.

Re: The lawsuit

Posted: Sat Sep 03, 2016 2:21 pm
by BDK
Eh, you shouldn't always dismiss the contingency arrangement. It can be a valid way to deal w litigation costs. (Legitimate attorneys do it all the time - and patent defense is now actually something an inventor can afford, because of it.)

Often, phone book PI attorneys are vile, horrid creatures who should be lynched, or at least, disbarred for being a stain on the profession.

However, they are often competent at obtaining money.

If you need a S FL Med Mal lawyer, I'll see if I can find one.

Re: The lawsuit

Posted: Sat Sep 03, 2016 2:24 pm
by Precision
contingency is pretty much the only option I ever see. I don't care about that. For me, the money is a bonus. If I wasn't so dirt poor after all of this, I would consider burning it in their faces or using it to fund lawsuits from other similarly poorly treated people.

In theory, I have a lawyer calling me on referral from a long time friend of both the lawyer and myself. Hopefully, that will at least give me some direction. After that conversation, I will follow up. Thanks BDK and everyone else.

Re: The lawsuit

Posted: Sat Sep 03, 2016 5:04 pm
by randy
An acquaintance of mine was involved in wrongful death lawsuit many years ago and made similar statements regarding what he'd like to do with any award money. When asked why he was going through all the hassle of a suit if the money wasn't important to him, his answer was "because dueling isn't legal".

I have a feeling you have similar sentiments. Hang in there!

Re: The lawsuit

Posted: Sat Sep 03, 2016 8:02 pm
by TheArmsman
Jon, as Margaret says, "Make the biggest stink you can!"

And I say, make sure you smear everybody involved who deserves it.

Re: The lawsuit

Posted: Sat Sep 03, 2016 11:32 pm
by HTRN
Gunnuts wrote:GIANT law firm?
I'm curious who he spoke to as well.

I would suggesting perhaps contacting White and Case, they've been around since 1901, are in the top 20 in terms of revenue in the world, and they have offices in Miami.