Recent FCSPA Review of Out of Control dialysis Lawsuits
The Fresenius Lawsuit Update is a periodical that covers various topics and events pertaining to lawsuits. This newsletter is sent to both current and potential litigants. It provides basic information on lawsuits, their causes and defenses, as well as ways to prevent injuries or increase the likelihood of obtaining compensation. If you have received this newsletter, you should review it with an open mind and be receptive to any new ideas or insights. You are always under no legal obligation to use anything you read herein.
This year has been quite a busy time for lawsuits involving medical treatments for various illnesses or conditions.
For example, a dialysis treatment facility in Florida was sued for denying coverage to a woman with advanced breast cancer who needed a lifesaving heart transplant. The court found that the facility discriminated against the woman on the basis of her health condition and because of her family history of cancer. The plaintiff filed a class action lawsuit on behalf of all patients who must wait for a heart transplant and are not covered by any existing medical insurance policies.
A similar situation happened with a dialysis clinic in Ohio that denying coverage to a disabled diabetic man for undergoing routine dialysis treatments.
The man died from congestive heart failure and his family is owed about $75K in damages. After reviewing the case, the court found that the clinic discriminated against the man because of his diabetes and did not provide him with the medically necessary treatments. A class action lawsuit was filed on his behalf.
Another medical center that received a FCSPA settlement is St. Jude Children’s Research Hospital.
Last year, the hospital settled a suit brought forth by a former patient who died of brain cancer. The settlement resulted in increased payments to the patient’s family. There are other similar cases being settled or awaiting final judgment in state and federal courts. These settlements come as part of a broader effort to increase awareness about diseases like cancer and heart disease among families.
Another case involves a family who is suing a doctor and medical group over their child’s care.
The settlement that was reached was much less than what the family expected, but they are pleased with the outcome. Attorneys handling the case said that the cap has helped to increase patient awareness of long-term health care costs. This is particularly important in light of the national “inexpensive care” trend noted by the American Association for Retiatric Medicine. Other benefits the patient garnered from the settlement include better care from his or her care team and better monitoring of the child’s health after his or her treatment.
Another case that received a FCSPA settlement is the wrongful death lawsuit of Keysha Taramivz, who lost her son to dialysis.
The court found that the medical staff in question did not promptly act when it became apparent that Keysha’s son had kidney problems. Despite this, the hospital maintained that they were negligent in dosing errors that resulted in the death of the patient. The family is expected to receive compensation from both the hospital and the doctor involved.
