The daughter of a woman who became sick in Cancun, Mexico due to complications from lung cancer is suing her insurer for refusing to pay for her transport to a US hospital. Chicago injury attorney Jennifer Fernicola writes about the case in her Chicago Bar-Tender blog (maintained by Chicago Now).
Plaintiff Jacqueline Shenberger claims that during a vacation with her daughter and her mother (Connie Werner, the deceased) in Cancun, Mexico, Werner became suddenly ill from her ongoing struggle with lung cancer and had a seizure.
She was taken to a hospital but her Blue Cross Blue Shield card initially was refused. She eventually was admitted for $2,500 but her condition got much worse and she developed pneumonia. A long list of complaints alleging inadequate care, including staff not washing their hands between patients, was topped off by alleged threats that she would be moved to an even worse hospital once her benefits were exhausted.
Blue Cross Blue Shield said she only had a $50,000 lifetime benefit outside the US, which is why her family pleaded to have her transported back to the US. Finally, Shenberger was able to raise money from family loans and credit cards to pay the $18,000 needed to transport her dying mother by Med Jets Now.
She died less than one month later. Shenberger is suing for survival, breach of contract, negligent infliction of emotional distress and breach of implied duty to deal in good faith.
-
Legal Dictionary: Insurance Law (FindLaw)
-
Legal Dictionary: Health & Health Care Law (FindLaw)
-
Flipped the Bird: You Can Sue; Health Insurer Kills a Loved One: You're Out of Luck (ConsumerWatchdog.org)
ShareThis
