Lawsuit Claims Paralysis Caused by Denial of Claim

May 15, 2007

  • May 15, 2007 at 7:26 am
    KJEW says:
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    It is the position of State Farm that the hurricane actually improved this kitchen. We should be charging the homeowner for improvements, not paying him for damages.

    *******

    This house died of old age. Not covered.

    *******

    I doubt there was even a house here to begin with. Investigate \”homeowner\” for insurance fraud.

    *******

    It appears that some rogue appliances pushed a car into this house. I\’m absolutely sure that the policy doesn\’t cover damage from cars being pushed by rogue appliances.

    *******

    OK, if the car ran into the house, then it\’s covered. But it looks to me like this happened the other way around.

    *******

    If you look closely, you\’ll see that it\’s the porch that\’s damaged, not the house itself. We sell homeowner\’s insurance, not porchowner\’s insurance.

    *******

    This house just quit. It doesn\’t look like it made even the slightest effort to weather the storm. We don\’t cover quitters.
    Subject Posted By Posted On
    RE: RE: State Farm is ROTTEN TO THE CORE
    Subject

  • May 15, 2007 at 10:27 am
    LL says:
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    Dear Melanie:
    We already know you hate state farm. Take an Anger Management class, admit you picked the wrong insurance company and move on. I myself never believed all that Good Neighbor advertising hogwash. Such bitterness causes wrinkles and frawn lines, not to mention hypertension and high blood presure.

  • May 15, 2007 at 11:05 am
    ad says:
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    As far as I am concerned, lesson learned here, carry personal health insurance. She could have had the surgery and her insurance carrier could have subrogated.

  • May 15, 2007 at 11:20 am
    Melanie says:
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    So is this what you think makes a better world; by ignoring something that is so wrong? This won\’t give me wrinkles, It makes me feel good about who I am and allows me to open my heart to others who have been so harmed by this company.

  • May 15, 2007 at 1:20 am
    LH says:
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    There are a lot of people who cannot afford health insurance. Their paychecks are stretched to the max as it is. Most people who can afford health insurance, carry it. But that is neither here nor there. The main subject of this article is the fact that the insurance company held back the PIP. If they had paid the legitimate claim, there would not have been a lawsuit. The lawsuit will be much more costly than the PIP payment.

  • May 15, 2007 at 1:25 am
    aunti everything says:
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    I\’m not an industry apologist or one who makes excuses for mistakes we make, but this is as one sided an article as I have ever seen. They just took the closing arguement of the plaintiff\’s attorney and put it down as if it were the only facts in the case. The company can\’t comment on ongoing cases, so the only word that gets out is this article. If the company was wrong here, hang em high, if not, I don\’t see any follow up ever being posted with a correction.

  • May 15, 2007 at 1:51 am
    don ferguson says:
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    Will no one look at where the fault lies? The surgeon recognizes the need for surgery or else. Yet he is more concerned that he get paid than he is for the patient who is in desperate emergency surgery. The or else lies with the greedy physician not the insurance company. They did work it out and old greedy doc would have gotten paid.

  • May 15, 2007 at 2:04 am
    Chad Balaamaba says:
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    there are issues here that are worth mentioning, and allot of info obviously left out.

    Did anyone note the plaintiff suffered the auto accident on Feb 29, but was referred to surgery as of June 11? That\’s right; 103 days after the loss a new doctor contacts State Farms and says they \’need surgery now\’. 99% of carriers are probably going to balk at that point; they have a right to demand in independent medical examination. Sounds heartless for the alleged 6 week delay, but the IME MD needs all medical records and films for review; it often takes up to 6 weeks to get those.

    So, plaintiff goes to pt for what appears to be 8 weeks, then seeks chiro, both most likely \’manipulated\’ the injured area and made have made the injury worse.
    Are they included in a separate suit?

    Does clmt have a prior history of neck/back injuries? Why is suit filed 3 years after alleged drop by State Farm? Also, it seems doubtful $18000 was going to cover the surgery and recovery. This was an amazingly one sided article; and I\’ve personally handled many cases where surgeons didn\’t wait on getting approval from a pip carrier. If the surgeon was that confident in his diagnosis, he would have been confident enough to perform the surgery without prior approval. State Farm had every right to demand an independent exam and film review prior to the surgery. I\’m sorry someone has suffered an alleged lifetime injury, but please keep perspective; as someone earlier pointed out, had she simply had health coverage, then the delay excuse doesn\’t fly. There might be multiple suits going on here, but all of it could have been prevented if there had been health coverage in place.

  • May 15, 2007 at 2:26 am
    M&M says:
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    When I was young, I could not understand why other people did not like Americans.
    As I grew older, I found it was because they did not trust Americans.
    I was insulted.
    Now that I am 50, I understand why people don\’t trust Americans.
    It\’s Betrayal from the White House to the
    Bedrooms.
    My Country tis of corruption from sea to skimming shores.
    I am sorry that I grew up.
    Sometimes denial is a good place to be.

  • May 15, 2007 at 2:49 am
    Jax says:
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    Did anyone notice that there was no impact. She was \”thrown forward\”. The article indicates \”Another vehicle improperly crossed several lanes of traffic while fleeing from the police. Donald Sadler, the driver, slammed the car\’s breaks to avoid a collision. Tara Sadler, sitting in the passenger seat and wearing her seat belt, was thrown forward as the car came to a sudden stop.\”. My thought is she did not have health insurance. How can being thrown forward in a seatbelt cause this much damage?

  • May 15, 2007 at 2:52 am
    Jewel says:
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    I know I like to work without getting paid. Oh wait, no I don\’t.

    Doctors are a very important part of society. Sometimes they save people\’s lives. Isn\’t that worth the pay they are getting? (And then some).

    Of course, police officers, firefighters and teachers are also extremely important. They should get paid more.

    But to say a doctor is greedy for wanting to be paid for doing his job? Uhm, then you\’re greedy too. Maybe he/she does other pro bono work. Maybe they don\’t. In any case, they deserve to get paid.

    I am with ad, she could have had the surgery and then the ins. co. could have subrogated.

    I feel badly for this woman; it is an unfortunate situation. Medical insurance would have been nice. I know it is expensive though. However, sometimes people\’s priorities are all out of whack. (Not saying hers were because I obviously have no way of knowing.)

  • May 15, 2007 at 3:42 am
    Thrown forward says:
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    If she was thrown forward against the seat belt, her head is still moving at the speed of the car. Unless she was wearing a head band attached to her seat belt, she could have suffered from whiplash.

  • May 15, 2007 at 3:59 am
    caveat emptor says:
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    Sorry Thrown Forward but whiplash injury comes from REARWARD hyperextension of the neck muscles…not forward. Forward hyperextension is close to impossible as the chin hits the chest before hyperextension can occur. The bounceback may or may not have caused it (would have to study the dynamics of the collision to know for sure) but seems unlikely IF there was no impact. I smell the same rat as State Farm did (nope, don\’t work for state farm, not insured by state farm and frankly, i don\’t even particularly LIKE state farm…but I grudgingly agree with their IME)

  • May 15, 2007 at 4:12 am
    Me too says:
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    Unless that car has some amazing brakes, it is hard to believe that there was enough inertia involved here to cause a neck injury without some previous trauma / genetic issues involved. Cars don\’t stop on a dime unless you hit something.

  • May 15, 2007 at 4:25 am
    Anonymous says:
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    The exact injury mechanism that causes whiplash injuries is unknown. A whiplash injury may be the result of impulsive stretching of the spine, mainly the ligament: anterior longitudinal ligament which is stretched or tears, as the head snaps forward and then back again causing a whiplash injury.[2] The Insurance Institute for Highway Safety defines whiplash as: \”a range of neck injuries that are related to sudden distortions of the neck.\”[citation needed] It takes about 100 milliseconds for an occupant\’s body to catch up to the car when it is hit, and it is during this time that the damage occurs.[citation needed]

    Whiplash may be caused by any motion similar to a rear-end collision in a motor vehicle, such as may take place on a roller coaster or other rides at an amusement park, sports injuries such as skiing accidents, other modes of transportation such as airplane travel or from being hit or shaken.[3] Shaken baby syndrome can result in a whiplash injury.[2] Even a rapid, jerking movement of the head without the application of external forces, e.g., an especially violent double-take, can induce whiplash.

  • May 15, 2007 at 5:01 am
    Dave says:
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    Did anyine notice the souce of this story?

    \”Source: SKWC\”

    AKA http://www.skwwc.com/

    Methinks there is another side to the story.

    Maybe?

  • May 15, 2007 at 5:31 am
    Mike says:
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    Let\’s all watch what happens and let the system do what it\’s meant to do which is flesh out the truth.

    If State Farm did what it\’s being accused of, then a big bad faith finding will occur.

  • May 15, 2007 at 5:47 am
    frank lanzisera says:
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    Physics my boy: Force = Acceleration x mass. An occupant\’s body is exposed to this equation. Check any physic\’s textbook.

  • May 15, 2007 at 5:59 am
    frank lanzisera says:
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    Sorry boys: Being thrown forward would produce a hyperflexion force. Intervertebral discs are injured with flexion motions not extension in the vast majority of cases. The flexion force injures the posterior aspect of the annulus fibrosis of the intervertebral disc causing the nucleous pulposis to herniate. Yes she could have had pre-existing degenerative disc disease but if she was asymptomatic prior to the accident with no history of prior ongoing visits for neck pain….then the injury was causally related to the accident. But that is not for us legal eagles to decide.

  • May 16, 2007 at 10:00 am
    KLS says:
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    I would have gotten the surgery regardless of the insurer\’s actions at the moment.

    I\’m not sure how things work in Washington, but in my state, you can have surgery even if you can\’t pay for it all in advance.

    My husband was diagnosed with cancer several years ago during a several-months long period when we happened to have no health coverage. (Figures, huh?)

    The hospital and surgeons knew we didn\’t have coverage, but they performed the surgery and subsequent treatments then billed us. And billed us and billed us and billed us. And we pay and we pay and we pay. People will be living on Mars before we have the debt paid off, but so what? My husband is alive and cancer-free.

    Why didn\’t she just do the same thing? If faced with paralysis, I would tell the insurer to shove off. Have the surgery NOW, fight with the carrier later.

  • May 16, 2007 at 11:53 am
    melanie says:
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    Call her and ask her.

  • May 16, 2007 at 4:24 am
    Anonymous says:
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    Has anyone considered the fact that even if these people had health insurance, the first insurance liable would have been the auto insurance anyway, since the injury happened in the car. We pay for personal injury protection policies for this very reason, being injured in the car.

  • May 16, 2007 at 6:52 am
    Mel says:
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    State Farm the Vultures..

  • May 17, 2007 at 9:09 am
    KLS says:
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    So what would you have done, Melanie?

    Would you have waited for the carrier to approve your surgery?

    Or would you opt to have the procedure done ASAP and argue over coverage later?

  • May 17, 2007 at 11:32 am
    Melanie says:
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    I find out all the facts, how about you??

  • May 17, 2007 at 1:58 am
    Anonymous says:
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    Maybe this women followed all the proper procedure, maybe she was not eligable for any other outside help. Maybe people should not assume they know, because until you have been in her shoes or anyone else\’s that you are mocking and or talking about, you really have not one single clue! Most Attorney\’s take this type of case on a contingency fee basis, which means if the client receives no money then the attorney gets none either, so with that in mind, don\’t you think this attorney has all the facts and proof she needs??? why risk all that work for nothing on either part??

  • May 17, 2007 at 2:26 am
    Anonymous says:
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    Look State Farm up on consumeraffairs.com and it will make you wonder why so many are ready to jump to this companies defense???

  • May 17, 2007 at 3:39 am
    KLS says:
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    Sure I would find out all the facts.

    Just because we apparently disagree about something (although I\’m not sure what or why) doesn\’t mean I\’m unintelligent.

    If a doc advises I need surgery or risk paralysis, the first thing I would do is get a second opinion, perhaps a third. Then I\’d research as much as possible via other means; library, internet, other medical professionals, etc.

    I would certainly approach the insurer, if I thought it should be covered. If the insurer drags their feet, fine. Forget \’em. I\’m going to do what is in MY best interest regardless.

    If my choices are:

    1- Not having the surgery until the insurer agrees to pay, although I might risk further harm to myself.

    2- Have the surgery anyway and go into debt for the next several years.

    3- Have the surgery anyway and then take the insurer to court if it\’s covered and they deny my claim.

    Then to me, options 2 or 3 are the best. Maybe that isn\’t true of everyone. But option 1 just doesn\’t make sense to me. Does it make sense to you?

  • May 17, 2007 at 5:30 am
    Anonymous says:
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    I would imagine that this person was:
    1) covered to start with or the insurance company would not have been paying for any of the treatment to begin with. Since the article states that once the insurance company heard that surgery was recommended they suspended further payment pending a doctor of their own examine the patient (their insured). The article also states that two surgeons recommended this surgery, so therefore there was already more than one opinion.
    2. Not automatically assume that just because the insurance company is large and in charge means that they are justified in everything they do.
    I believe that the facts of this are not all on the table. We pay for personal injury protection on our auto policies for protection when we are hurt in the car. We pay a great deal of good hard earned money in good faith with the hope that we will never need to utilize it, but when things go wrong and we need it, we paid in good faith, they should handle the claims in good faith.

  • May 18, 2007 at 11:20 am
    Melanie says:
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    Yes Great!!! some one who is smart, thank you. We all need to care!!

  • May 20, 2007 at 12:01 pm
    Anonymous says:
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    Denial !!!!

  • May 21, 2007 at 8:07 am
    Anonymous says:
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    What is that supposed to mean, \”Denial\”??

  • May 21, 2007 at 8:29 am
    Anonymous says:
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    You obviously do not understand anything I have postedYou obviously do not understand anything I have posted. We all need to wake up. Today.!!!! and!!! See the way STATE FARM works…….

  • May 21, 2007 at 1:48 am
    Anonymous says:
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    Okay, easy now. I just did not understand why you had (old??). Now I see what you were meaning. I am rather new the this blog sorry. Anyway I agree that we all need to wake-up to the way State Farm does things.

  • June 4, 2007 at 6:03 am
    mel says:
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    I understand, I’m going through the same thing as we speak. There trying the same crap on me with the IME and denial of payments.

  • September 22, 2019 at 12:23 pm
    rom says:
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    IMO, she should have gotten a bigger compensation as her surgeries would definitely cost more than 20k$. Not to mention the trauma she must have felt after the ordeal. I will now be more cautious on renewing my insurance and will have to review the contract :) Regards, Rom –



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