Mark Geragos takes the case of Nataline Sarkisyan
Here's her brother's plea for help. CIGNA heard the outcry loud and clear, but waited too long. I hope some good can come out of this tragedy...And as Steve says: Sometimes, the national healthcare scandal isn’t limited to those without insurance; sometimes it’s equally outrageous what happens to those with insurance:
Attorney Mark Geragos said he plans to ask the district attorney to press murder or manslaughter charges against Cigna HealthCare in the case. The insurer “maliciously killed her” because it did not want to bear the expense of her transplant and aftercare, Geragos said.
It’s all about risk management. Keep this in mind as you read further — because you are a risk, not a client — to your healthcare, life, auto, and homeowners insurance providers...In other words, a bean counter at Cigna made the decision that since they had already shelled out a lot of cash for the bone marrow and kidney transplant, that the cost of a liver transplant and followup care was just too high...read on
The president of the "insurance" company should pay with his life.
Its pre-meditated murder after all.
Murder for money.
I wouldn't let Geragos defend me for nothing. Reference his most recent case in the headlines:
A vote for Dennis Kucinich is the biggest F-U I can give to these insurance bullies.
Should be an interesting case.
And it's eight-to-five that the poor dumb Cigna clerk, the ex-McDonald's lettuce-wilter, who's just trying to work her way up in the world, who kept 'Just Saying No', as her Cigna 'Manual for Dealing with Expensive Procedures' told her to, will take all the heat.
At least initially
to upsetting to talk about
Any physicians from Cuba, Canada, Great Britain, France, or Germany here?
What would your countries have done?
This might be a bit too much for Geragos. He did a shitty job on the Winona Ryder shoplifting case. She was convicted. Scott Petersen was convicted. I believe they both were guilty. Mark Geragos knew they were guilty too. His lazyness came across like a slap in the face. I think this family needs a real lawyer to take on this coroporation. John Edwards would take them to the cleaners.
I am stunned that the Republicans in Congress, or even Bush for that matter, did not try to interfere as they did with Terri Schaivo. What happened to that preservation of life they go on and on about??
Oh, wait. This was about money.
Never Mind.
jack foster @ 7:
If Geragos is on the case I'm sure Cigna can relax over the holidays.
My question: Did the Sarkisyan family call him, or did he call them?
Geragos knows how to get his face all over the tv though. Larry King alone will have him on for the full hour a few times over a case like this. In that respect, this kind of case seems more suited for Geragos than defending Wynona Ryder for shoplifting, Peterson for murder, or Brent Wilkes for bribing Duke Cunningham.
UCLA Medical Center needs to be apportioned at least some of the blame for this tragic death by healthcare malfeasance.
Many hospitals and health care providers CAN and DO provide life-saving procedures even when they know they have little chance of getting paid in full.
Prestigious hospitals are capable and of using their clout apres procedure, to make sure insurance companies do the right thing.
Either UCLA Medical Center just doesn't care or -- perhaps they just lack the requisite prestige?
Certainly lack the backbone.
Geragos = ultimate ambulance chaser and publicity whore
jack foster @ 7:
Yer comparin' apples(Geragos, a criminal defense attorney) and oranges (Edwards, a civil litigator). Clarence Darrow was a great criminal defense attorney, but he lost may high profile cases(see: Scopes Monkey Trial).
But, yeah, there's gonna be some civil litigator out there who can make CIGNA pay dearly. And, if we're lucky, there will be a judge out there hearin' this case who won't be afraid to set the type of precedent that will cause major reform in our healthcare system.
good points all, it would be nice if someone of edwards caliber would take this case.
The issue though is civil litigation vs criminal. If the DA presses charges it is handled in criminal court.
Civil Court is where Geragos gets the opportunity to make the money.
They other cases where he was a defense attorney in a criminal Case of high profile clients??? just free advertising....at the expense of the client
These for-profit companies have almost a fiduciary responsibility to NOT deliver care, as their primary responsibility is to maximize profits to their shareholders. The not-for-profit, old school HMOs(like Kaiser, Group Health...) aren't perfect. But they don't have this conflict of interest.
cf @ 11:
Gee, imagine if doctors just treated the sick without having any reason to think about how they were gonna get paid.
Oh wait, that's socialized medicine.
Geragos is taking a pretty good and cynical bet here that CIGNA will settle out of court for a good amount of money because they don't want this in the news. No health insurance company wants the public to know the depths they have sunken to deny benefits to people or how they reward their employees who excel at this. I don't admire him in the least and think he's an ambulance chaser looking for the easy payoff...
Andy K. My point, exactly. The oranges and apples fit perfectly here. I do expect to see a number of lawyers for the plaintifs on this one.
The chances of a liver transplant actually saving this girls life were low to the point of non-existant. It was ultimately the doctors at UCLA who decided not to do the procedure. This country cannot afford to do outrageously expensive medical procedures on everyone who wants or may need one while so many dont even get basic preventative health care.
We need to fix our system so that our health care money goes toward medical care and not to insurance company shareholders and hospital bureaucrats. Then doctors will be able to make reasonable decisions.
wagonjak @ 17:
I really hope the family flat out refuses to settle for any amount of money. I believe their daughter's death could very well become the triggering event that creates the wave that leads to true healthcare reform in this country if they take this all the way.
porcupine @ 19:
Yep it was a lost cause. How many dollars do you have to throw at a lost cause, in futility, to prove you are human?
That been said and the being the case I still hate health insurance companies. They are parasites on our society and economy.
Dear Porcupine,
How "outrageously expensive" is any life?
Rub R. D'Key @ 22:
Outrageously expensive is if it deprives us of the resources to give basic childhood vaccines or prenatal care to thousands of needy citizens. We simply cannot afford to provide all things to all patients under our current system.
Well, how far back does this denial of a liver transplant go? Was she denied when it was still a viable option and she could have lived?
It's really sad because essentially buying insurance is like gambling...you are betting your going to get sick or have an accident that you will need coverage for, you insurance company is betting that you will not get sick and they will simply get paid for doing nothing. and if you live your whole life without having any serious problem that needs your insurance to pay out for what you have paid in you do not get any money back at the end of it all, you simply loose your bet. but if you do get sick then the insurance company has an escape clause that will get them out of really loosing any money. I say if you don't want to loose don't bet and that goes for the business that takes the bet as well.
You guys don't get it - from a business perspective it was a fantastic move.
1) Approving the liver transplant for the girl is good PR
and
2) Approving the liver transplant LATE so she DIED is maximizing profits!
PR + maximizing profits = Good Business!
Or are you all commie pinko libs and are anti business and anti capitalism?
http://americangoy.myblogsite.com/entry26.html#body
porcupine @ 19:
Complete and utter horseshit.
porcupine @ 23:
We most certainly can afford it, and lots more.
Or are you assuming that the trillions of taxdollars spent to kill life in Iraq and elsewhere is good business?
Jon @ 24:
The point is that it should not be up to a bureaucracy to decide if you should get a potentially life saving operation, it should be the doctor and the patient. And if the insurance companies go broke because they pay out more then they take in...then they should have gotten into a different business...isn't that what the free-market is all about?
imagine the executives at cigna doing the "perp walk".
that ought to help their stock.
Please watch the movie, Sicko. It shows truth, a rare commodity
in the USA. I have a heart that is giving out. I'm old & don't expect
to live forever but if you don't mind I'll give you an example of what
is happening to me. Months ago I had a simple half hour procedure
in the hospital. The cardiologist replaced my 5yr ICD. That few hours
was $50,000. They fouled up so the blasted thing got infected. A five
day stay at Yale New Haven Hospital loading me with antibiotics did squat.
They sent me home to continue oral antibiotics (didn't work) so back to
Yale for another week after they removed the new ICD. The company,
Metronic, has been hit with a huge class action suit because of faulty
wires so my doctor found some genius from NY who lasered the wires out.
It hasn't healed yet but when it does, back to Yale I go for a new ICD
on the other side of my chest. The cost for this mistake will be enormorous.
I worry about my insurance every day. My daughter is a state DA which is
a bit of luck. I'm tired & old but she urges me to sue these incompodent fools
if I run into anymore trouble. All this & all we hear is how we have the best
healthcare in the world. Bullshit. :-(
Whats wrong with you people, all CIGNA did was maximize profits? It was a perfectly good BUSINESS decision. Are you all commie pinko libs who hate business? CIGNA agreed to pay for the transplant (good PR!) but delayed just enough so that the patient died before the operation (profit!).
Would SOMEONE kindly answer this unanswered question I asked yesterday?
Timmy_D11 @ 230:
Lollimom @ 27:
you got that right Lollimom, this country throws away more money then it would take to care for our citizens...yet somehow when it really counts we can't come up with the cash. The trouble is there is no money in saving life...there is only profit in prolonging death and that's where the drug companies come in.
Monty Python once had a skit where a doctor told a patient: "There is nothing wrong with you that an expensive operation can't prolong." and that's where we are at today. Don't you just love when life imitates art?
Dear Congress,
Medicare for all. Now. Quit stalling trying to look "serious" to David "Fred Thompson's health care plan is the greatest" Broder
Bad news, Mark Geragos is only in it for the lime lite or the $$$. He's a slimy, lying, crooked, deceitful snake oil salesman. i saw his sleazy antics first hand while following the Laci Peterson Murder.
flex @ 34:
I totally agree. I feel for the family and think Geragos is only going to add to their pain and disappointment.
"The chances of a liver transplant actually saving this girls life were low to the point of non-existant. It was ultimately the doctors at UCLA who decided not to do the procedure. This country cannot afford to do outrageously expensive medical procedures on everyone who wants or may need one while so many dont even get basic preventative health care.
We need to fix our system so that our health care money goes toward medical care and not to insurance company shareholders and hospital bureaucrats. Then doctors will be able to make reasonable decisions."
At least SOMEBODY here is making sense. There are lots of otherwise healthy folks who can't get a transplant, who can't afford insurance at all (like myself), who could survive to live long productive happy lives, and who instead have to stand by and watch the resources of medical care being wasted on terminally ill people who would die ANYWAY. This woman, if I am not mistaken, had leukemia and had already had bone-marrow and kidney transplants.
Single payer and getting completely out of Iraq should be the absolutely necessary positions for anybody to be seriously considered a viable dem candidate. Unfortunately, although you will see a lot of these kind of stories on 'lefty' blogs, you will not see a co commitment outrage at the 3 moneyed dems lack of support for Single Payer. Compare h/o/e's plans to Kucinich's. Kucinich gets to the heart of the matter while the others have elaborate, and really unworkable schemes that will eventually discredit any role for gov in healthcare. If the people who get upset at these kind of stories made Single Payer a make-or-break issue, h/o/e would soon change their tunes. It is up to you.
The insurance companies are always there for you, as long as you're signing the cheque.
When it comes their turn to sign, see ya later.
Thank christ I live in Canada.
If this were to happen to my daughter of the same age...I would certainly be going to jail.
Timmy_D11 @ 31:
There are no definites in medicine only chances. A liver transplant would have given her a chance at life. They gave her a 65% chance of living with a transplant. Without one she would have definitely died as we've seen. And the insurance company knew this. They didn't care about the 65%. They cared about how much they would have to pay out. Insurance companies don't see a face they see a figure.
Timmy_D11 @ 31:
That's an absurd question. No transplant is "DEFINITELY" going to save a life. I doubt there is any medical procedure will ever "DEFINITELY" save a life.
Should people quit performing CPR or a Heimlich maneuver on people who need it because it won't DEFINITELY save their life? Why have a 911 system at all because it won't "DEFINITELY" help save a life, put out a fire or stop a crime in progress?
A CALL TO ANYONE WHO IS INSURED BY THESE HEARTLESS CRIMINALS.
If you can change providers.
To ALL COMPANIES INSURING YOUR STAFF THROUGH THESE HEARTLESS CRIMINALS.
CHANGE carriers!
jack foster @ 18:
One other thought on why Geragos is involved:
Suppose you're in the same boat as the Sarkysians. You want to put pressure on the insurance company, asap. That's probably gonna take a whole bunch of PR as well as someone with some legal standing. But the PR must come first, 'cause there isn't gonna be any lawsuit for months or years.
Who's better, right now, in publicizin' his efforts than Geragos? And so what if he isn't a civil litigator- if he doesn't have any working with him at his firm, ya gotta believe that he knows a few good ones. In any case, Geragos wouldn't be the lawyer arguin' the civil case. But, once again, he'll get the case on the news- the national news, at that- before your loved one is dead.
Just sayin'...
justabill @ 40:
The question is not absurd at all, though your answer is. The original commenter was asking what sort of a chance the transplant would give her to survive, though perhaps it was unclearly phrased with the use of the word "definitely." This is a reasonable question to ask, and another commenter cited 65 percent as the projected probability of survival.
It sucks to die, it sucks when people we love die, but going off the stick when someone asks a legitimate question (as I believe Timmy's question was) does not contribute to enlightened debate.
In this case I wish Geragos the best. If he wins, it will be a tremendous victory against the health care industry.
WIDEPART @ 41:
the solution is Single Payer!
WIDEPART @ 41:
To who, Blue Cross/Blue Shield, Aetna? You think any of them would have done anything different? Insurance companies are all the same and would have handled her case the same way. Put your money in a Health Savings Account and pray you have enough in there when you get sick. And hope you die before you retire. That's the only way to beat insurance companies.
Why is it important to save Terry Shiavo, but not Nataline Sarkisyan? Because it reinforces the "life is important, but business is more important" mantra of congressional and white house republicrites. There are lots of anti-federalized health care folks telling us if we lived in Canada, we'd die waiting for a transplant. Now it's happened here. So what is the difference? We still pay tons of money for our insurance, and Canadians don't. If I have to die waiting for an operation, I'd rather do it while saving money for my family.
Castanea @ 43:
I disagree. The word DEFINITELY was used intentionally in his post. He used all caps to stress his point. I think it was set up for a weak argument.
I have a legal question: Most health insurance policies have an arbitration clause which I'm sure CIGNA will try to invoke and her attorneys will argue doesn't apply here -- possibly because it involves denial of treatment rather than actual treatment? Some other reason? Most of the health insurance policy arbitration provisions I've seen are very broad, covering even premises liability fer pete's sake.
Anyway, I hope her/her family's attorneys are successful at keeping this out of arbitration.
Oh. I do recall hearing Geragos was trying to get the D.A. to bring charges. That, of course, would be an entirely different story.
please note that the insurance co. made an exception to cover this liver transplant only in this one case...that means that others needing the same treatment will be effed as usual--unless they can mobilize a mass of people to protest.
there is only this response because of outside pressure.
who protests for the 37 year old working class guy? forget about a homeless person.
even when ppl do protest, what do they get? what did she get?
i am so depressed.
porcupine @ 19:
Do you know this for a fact or are you just blowing this out your ass Bill Frist style in the hope that because you said it, people will believe it?
another point. drunk drivers who cause accidents that kill people are sometimes charged with murder...how can they be more guilty of murder than the persons who decided this for the ins. co.?
i'm thinking the drunk driver is not out to kill another person. in his goofy state he probably doesn't even want to hurt anyone, he just wants to go zoom. the ins. exec.? was he out of his head on booze? was his judgement impaired by drugs? i'm thinking he had all of his wits about him and had a long time to consider. it's was no snap decision that led to tragedy. it was a conscience decision that they made that they knew would mean certain death for this person...sounds like murder to me.
This isn't what I read at all. I read that the hospital -- which I assume includes the doctors -- wanted to go ahead, and that it was CIGNA that said no.
As for the odds of her survival, I haven't heard that that was a factor in CIGNA's decision. All I've heard mentioned was that the procedure is "experimental," which is not the same thing.
John Edwards comments.
“Are you telling me that we’re gonna sit at a table and negotiate with those people?” asked a visibly angered Edwards, challenging the health care companies. “We’re gonna take their power away and we’re not gonna have this kind of problem again.”
Dam I hope he wins.
Did Geragos have anything to do with producing that crappy, AM DJ hype video? If so, I'd say stay away from him. What happened to Nataline is a "serious" issue and should not be cheapened or sensationalized in any way. Straight talk without the reverb and corny vid effects would have sufficed.
Jenny'O @ 51:
Don't getdepressed, Jenny, get active. Demand that all dems support Single Payer, demand that lefty blogs make a concerted effort to make all dem candidates support Single Payer. We can all bitch and bitch and bitch but nothing will change unless All of us demand Single Payer.
yellow dog @ 52:
No it's an absolute lie. The doctors gave her a 65% chance of living with a transplant. That's a far cry from non-existant. And to say that "this country cannot afford to do outrageously expensive medical procedures" is nothing less than obscene. I'm sure yellow dog has the mindset of let them all die and let god sort it out. Why have doctors at all then. If a person comes down with a curable disease and it cost to much money, yellow dog dog says "your fucked".
Greg @ 39:
65% chance of living for 6 months. She was extremely likely to die, and very shortly, no matter what the doctors did. Most transplant centers won't do a transplant unless the patient has a 50% chance of surviving for 5 years.
IMHO, that's a tough call. How much is our society going to spend to give somebody another 6 months of life? If your answer is, like a lot of the posts here imply, "As much as we need to," I'm not sure where the money's going to come from.
Again, I've read nothing to suggest that this is what drove CIGNA's decision. (I've also read nothing to support the odds you're giving. But that's another story.)
porcupine @ 19:
you do understand that not one of your statements of fact in this case is true
the doctors requested the procedure, cigna did what they always do, deny the initial claim
this was not an experimental procedure and it shoulda been covered by the policy
Greg @ 39:
I am sorry to say, she had other problems, from what I have read. She had received a bone marrow transplant from her brother as treatment for leukemia. She had received a kidney transplant, apparently.
I am not a physician, but I'm a medical professional (my areas of expertise are in the laboratory, with special certifications in transplant & trauma services). I am certainly not rendering anything other than my own perspective, and I haven't even seen her chart. But...in my experience, patients as sick as she apparently was don't tend to get better. It looks to me like she was probably in a cascade of failure, and was quite possibly to weak for transplant surgery, which is a very traumatic procedure.
Here is my Christmas wish: I wish is we were all this outraged every day over the state of health care in this country without a pretty white girl having to be tied to the railroad tracks.
Danno @ 59:
Iraq.
I sure wish some of you took the colossal costs of Iraq as seriously as you take the much smaller costs of healthcare. You work in the insurance industry, don't you?
capnmike @ 36:
first off, she was a 17 year old girl....not a woman
secondly, she was in need of the liver transplant as a result of complications from the bone marrow transplant
thirdly, you are a heartless prick who has missed the entire point of what occured
insurance companies should not be the deciders as to what procedures are neccessary or beneficial....that should be left to the physician and patient
so fuck you and your me, me, me attitude
First of all, no one except the treating physicians knows the patients history. You can't make judgments based on news reports, but some facts are known:
This woman had leukemia and had recently had a bone marrow transplant (a fact reported in news reports). It sounds like she was suffering from graft v. host disease (I am speculating about this based on news reports). The transplant surgeon was quoted as saying she had a 65% chance 6 month survival rate JUST FROM THE TRANSPLANT. She was also in a "vegetative state" when the liver was available. A transplant surgeon is really not the person to decide if their patient should receive an organ, these decisions are made at a higher level by protocols based on the region of the country the patient is located and the circumstances of the donor.
The way this story is being presented on this blog is biased (which is ok), but also misleading and sensationalized (not ok).
jack foster @ 7:
Yep, probably a correct assessment. Also the reason I will never vote for him.
--Blue Girl @ 62:
That last comment was disgusting. You believe that all the outrage here is over a pretty white girl? NO! This happens everyday. The outrage is that this happens every day and not who she was.
Greg @ 58:
Please read this whole thing verrrry carefully. Yellow dog - me - is challenging porcupine's veracity. He, not me, is the one that would let Ms Sarkisian die to save Cigna a couple of bucks. I think Cigna is symptomatic of all that is wrong with our current system of access to health care.
Please make sure your brain is in gear before putting your mouth (or keyboard) in motion.
some dude named steevo @ 65:
Wait Steve, in one sentence you said we can't make judgments based on news reports then in the next you are making judgments based on news reports. Make up your mind. Do we or do we not make judgments based on news reports? Your selective judgments are ambiguous.
These are fantastic threads.
The right wingers are showing their stupidity and the health care insurers are being shown for what they are.
Thanks to C & L.
I fought a similar fight in getting my daughter a cochlear implant several years back. Not life and death though, only so she could hear.
Greg @ 69:
I see your point, but I was explaining this in order to make it perfectly clear that I was speculating. I also have a basis for my judgment based my education as a physician (which I didn't make clear). I was complaining that other people are making judgments on speculation without being open and honest with their arguments or any requisite knowledge to make them.
Her liver went bad as a side-effect of leukemia treatment. According to some of the reports I read the anti-rejection medicine would have surely suppressed the immune system making cancer treatment problematic. Long term survival was unlikely.
Of course the doctors wanted to do the transplant. I'm an engineer and I want to do an engineering project. No matter how heartless it may seem, at some point we have to make a dollars and cents decision on how much medicine we can afford, whether we have private insurance or are all on Medicare. Giving this poor girl a transplant with no real likelihood of success - and others like her - is going to substantially increase my medical premiums. Sorry, I'm not for that. It sounds like Cigna made the right decision in this case. I do wish there was somebody other than the insurance company who is incented to let her die who was in charge of making that decision.
This is a nasty case all around, but let's separate out what went wrong in this situation. CIGNA said no, because it was experimental. If they said no because she had a 65% chance of survival within 6 months, less than 50% for 5 years, and would have to go off the leukemia drugs to take the transplant drugs, it would be a cruel decision, but one people could stomach. It makes sense logically, but not emotionally.
Would single payer or universal health care have given her the transplant? I'm not sure that would happen either. She would be in that marginal "is this a good use for a liver" category. The docs wanted to do it, and they had a liver. Great. But if they said no, it'd made sense too.
We, as a country, need universal health care. This, however, should not be the poster case for it. There shouldn't be murder charges, for they made a tough decision, and on shaky grounds, but that in itself does not mean it's murder. Let's separate the anger and remorse one feels for the tragic death of a 17 year girl, from the needed logic and rhetoric for a debate on health care. This is tragic and disgusting, but universal health care would have probably had the same outcome.
porcupine @ 19:
--------------------------------------
it had almost no chance of success the longer they waited.
you have to have a functioning liver. once it fails it must be replaced very very soon...delay is certain death.
yellow dog @ 68:
You have to realize that this just isn't an economic decision. Livers are in short supply and when one is available it must go to the most appropriate patient. The transplant team has a vested interest in getting the liver to their patient. People die waiting for a liver on a daily basis. There is probably a patient who is alive today because they got that liver which this team had to pass on.
Transplant protocols are one of the most intense areas of debate in medical ethics.
That last comment was disgusting. You believe that all the outrage here is over a pretty white girl? NO! This happens everyday. The outrage is that this happens every day and not who she was.
I know full well it happens every day. I spend every day pissed off about it. If this level of outrage was pervasive, and not something that occurs in bursts, my trips to the statehouse to lobby for health care access might do more good.
That was the point I was trying to make.
Actually I believe that was Michael Moore who said that... . no? Wasn't there just a movie or something by him that said something or other about this issue?
some dude named steevo @ 71:
No, you contradicted yourself. You asked people not to pass judgment based on what we've seen on television then you went on to do it yourself. A physicians education? What your you on the other post? I was a 7 year veteran with 2 tours in Iraq. I think in this one I will be an........Engineer, not the ones the drive trains, the smart ones.
yellow dog @ 68:
You need to read my post a little more carefully. I was sticking up for you and attacking yellow dog. His post was the lie, not yours. My mouth and keyboard are just fine. You can apologize at any time.
Perhaps I posed the question wrong. What I meant was - was the need for a kidney the only obstacle between a complete recovery and dying?
If a person is in a vegetative state, are they not dead already? (I know 95% of the people here thought so when it came to Terri Schiavo)
And how plentiful are spare livers of her blood type? If the likelihood of her recovering with a liver transplant was low and there aren't that many livers to go around, should it not be given to someone to whom it will make a difference.
I know my questions / statements seem incompassionate and callous, but I do believe they are things that must be considered by doctors, hospitals and insurance companies...in fairness to them.
Remember the term "rationing" of health care used by the free market advocates to describe countries with government programs? Well, this patient was rationed right into an early grave. And we don't have those kinds of programs. So much for THAT argument.
There appears to be some posters here trying to defend the actions of CIGNA. They can only be CIGNA employees because the facts that i have read cannot be defended or justified AT ALL!!!
Firstly - if the insurance policy clearly included liver transplants - then whether it would have helped Nataline or not is a mute point. If it was covered in the policy - in black and white - then CIGNA should have - no, MUST have honoured the terms of the policy PERIOD!
Secondly - although a lawsuit won't bring their daughter back - the family MUST sue the pants off CIGNA for breach of contract! The contract ie. the policy clearly laid out what was covered and what was not covered - and denying the transplant is clearly a breach of the contract PURE AND SIMPLE.
Please sue them for everything they have got - and sue the CEO as well!
Furthermore - lay criminal charges against CIGNA. Denying the transplant is premeditated murder in my books and a hefty fine and jail sentence is in order.
Thee documentary SICKO is a timely reminder about how pathetic the US health system is - and for those people who think it only affects people with no health insurance - THINK AGAIN!
Anyone with a CIGNA policy should consider switching if possible. I know they are all crap - but withdrawing your money from an evil masochistic empire is one small way to have a say in how you want a health insurance system to operate!
Morals before profits!
Fortunately for me - I cancelled my CIGNA policy ages ago - and now deal with a "fairer" one.
Here's a thought: Why not let the entity in charge of dispensing organs for transplants make the decision about who gets the next organ, not the insurance company?
How about it, righties? The insurance company is not in charge of making decisions about a limited number of organs. It's in charge of dispensing dollars to insureds who are entitled to those dollars.
bettestreep @ 82:
That certainly goes without saying.
"Normal" people (those without an agenda or a vested interest) do not write like these people write.
Here's my message to them: I hope we put you out of a job real soon.
Timmy,
If a liver transplant was not going to be successful, why was she listed in the first place and a donor found? Obviously, the medical staff felt that the transplant was indicated. It's not up to Cigna, or us, to decide this. That's just Bill Frist diagnosing by video. We cannot possibly know the details of Ms. Sarkisyan's condition. But the whole issue would never have come up if the medical team did not believe she would benefit from a transplant in the first place.
CIGNA is based in Philly. I hope they get sued here... 'cos they are DEAD in the water if they are. The jury pool here is salivating at the prospect of putting those pr*cks out of business with a judgement that'll make their bean-counting heads spin.
Good, I would love to sit on that jewelry, I would convict them of murder, because that is precisely what they they are guilty of.
Public outrage aside, this will be a very difficult case to establish. They have to prove that the company willfully withheld money for the operation for the sake of the company's financial benefit and also that the money withheld would not have been earmarked for another person's operation (or at least that the company would not have been able to fulfill its obligation to its other members at the time).
The key will be establishing the grounds for profit and how the insurance company decides the fate of these individuals.
Its an uphill battle, but one I would like to see.
Greg @ 79:
I don't believe this I AM YELLOW DOG. The originbal comments you attributed to me were made by porcupine. Your keyboard is fine. Ypur reading ability and understanding of how quotes work leave much to be desired.
Once again - I AM YELLOW DOG. I hate what Cigna did. Bean counters are the enemy.
I don't expect an apology - I really think you're beyond understanding.
Any mention of this on the right wing blogs?
Thanks in advance for any info.
Timmy_D11 @ 80:
The Doctors induced her into a coma while awaiting the transplant. The fact is "timmy" that the ceo of cigna has received more than $28,000,000 (yes..million) in compensation for letting people die. That's a lot of livers!
Dahgrostab'ph-r-i @ 25:
Yup, I call my insurance agent a bookie. It drives him nuts.
Your point is valid. If I place a bet and I lose I expect to pay, but if I win I expect to get paid. Anyone who doesn't pay off is a welsher. If I was a mob boss, I know what I would do to someone who welshed on a bet.
Perhaps we should consider this as a society. A few bent noses might just be a solution.
Excellent work on the numbers by AllSpinZone. The problem is that when CIGNA is countered by guys like John Edwards (dude, you rock), the dissenters are wrongly labeled as ambulance chasers bringing "frivolous" lawsuits. Too many, even on the left, buy into that insurance company line.
Protect any lawsuit described by insurance companies (or other multi-billion corporations) as "frivolous" (e.g. Person v. CIGNA, Person v. Telecom, Person v. Lead Toy Co., Person v. Cheney). Believe me, such large companies are more than capable of protecting themselves against any lawsuits which are genuinely "frivolous." But they want more; frivolous has essentially been redefined as "any suit MegaCorp doesn't want to deal with."
CIGNA had no problems taking premiums (and they better be on time), just a problem with paying claims. They are only reacting the way any insurance company would. This is an especially serious problem in the health insurance context. Without wrongful death liability, all the carrier is contractually liable for is the cost of the procedures which are easily offset by avoiding the annual payments. Even if they lose, they win.
Edwards gets it; Clinton doesn't.
Think "socialized medicine" is scary?
We've already got socialized death.
Andy K @ 42:
After the OJ trial many people called Johnny Cochran all kinds of nasty things - "dirty," "sleazy," etc. He didn't mind cuz his firm made more money than ever before. People hate lawyers until the need one. When they need one, they don't want the nicest or most polite, they want the one who they think will win their case.
I should know, I are one.
Mark Geragos took on this case because of Humanitarian reasons not because of money. He doesn't need money and DOES NOT TRY THESE TYPE OF CASES. Another reason is Mr. Geragos is Armenian and so is the Sarkisyan family. Armenians are like one big extended family like the Jews we protect each other. We also have certain types of blood disorders like the jews and other ethnic groups. In fact, Mr. Geragos sits on the board of the Armenian Bone Marrow Transplant organization.
Lastly, none of you are Physicians and should never assume that this operation would have or could have saved Natalyne.
Insurance companies want to pick and choose how they pay out your coverage reimbursement. If it is too high, they will stall and hope that the patient expires (in this case, Natalyne died) or that the Physicians will side with the insurane company.
How is it in this country that children from Mexico and toher countries are given free medical care but we get flaky when an American hard working family wants coverage to save their daughter?
Their policy covered liver transplants, you all seem to forget this.
Now we know the real truth why insurance companies deny you coverage when you so need it. They are too f'kin busy giving HUGE PAYOUTS to the big CEOs at the top. They care nothing about the people. They care only about expensive trips, private plans, and more.
And you think that this case isn't justified?
With the way Americans feel about Insurance Companies this case will never make it to court. CIGNA pay out
Can I sue CIGNA for all the aguish I have had to go through reading these posts. It is absolutely heart wrenching.
Just having this argument/discussion is testament of the way the insurers have treated their policy holders over the years and years. Everybody knows they are capable of heartless money oriented decisions and that they make their decisions based on money 999 times out of 1000. They put themselves in this position. Whether their decisions was right of wrong, FUCK EM is what I say.
Stock price soared over 90 cents during Fridays trading. It seems that
hesitantrisky decisions payoff.Lindy @ 60:
Then you didn't bother to learn anything about the story. Start with the LA Times article.
As for what drove Cigna, assume the worst. It's still a heckuva tough call. Expend enormous resources to get somebody 6 months, maybe. How often do you think that happens? Honestly, do you have any idea how many people don't get transplants b/c they won't live more than a year, even if it's successful? My guess is no, or you wouldn't be so outraged about this case.
Lollimom @ 63:
That would be a no.
I'm not sure what your point is. We can't afford the war in Iraq - if you haven't noticed, we're accruing massive deficits. Are you suggesting we should go into hock to fully fund health care?
Che's Lounge @ 85:
It depends on what you mean by "successful" or "beneficial." Almost every potential transplant would be "successful" in the sense that the patient is likely to live slightly longer than without the transplant. Far fewer are "successful" in the sense of significantly improving the long-term health outcomes of a patient.
The UCLA staff thought that the transplant would be successful in gaining the patient a 65% chance of living another 6 months of life. Is that a "benefit?" If it's me, than hell yeah. I want another 6 months. I'd fight like hell for another 6 days. That doesn't answer the question of whether I should get it.
I am sorry this happened. It is very sad.
I just want to defend the "bean counters". A bean counter did the analysis and ran the numbers but it was a manager/boss who made the decision. I guess I don't know this for sure who made the decision, but I ask, is it the bean counter's fault that he did the math right? Should he have run the numbers wrong? What if he didn't know what the numbers were being used for? Maybe the boss said "How much is this going to cost?". The bean counter gave an answer and it was used in a bad manner.
Let's not go blame the underlings without making sure we blame their superiors for passing out orders and making decisions.
If it were the CEO's daughter, she would have received a transplant. And don't try and tell me otherwise.
Greg @ 67:
How about we stop getting taken in by these sensational stories and wake up to see that there is a paramilitary force operating in the US that is not answerable to you and me. Blackwater has a contract with homeland security to provide security in the US during a "National Emergency". We are handing over our liberties while we argue about something that is tertiary.
this story makes me sick...I wish I was a billionare and could have paid for the surgery myself. The scary part is these people have the money and the power to save lives and they'd rather not. I can only wonder what the millionare's at the top of CIGNA are going to use that money for. Gold shower curtain rod?
Expend enormous resources to get somebody 6 months, maybe. How often do you think that happens? Honestly, do you have any idea how many people don’t get transplants b/c they won’t live more than a year, even if it’s successful? My guess is no, or you wouldn’t be so outraged about this case.
This calculus would make more sense if it were being made by the entity in charge of deciding who gets the liver that has just become available. It does not make sense when it's being made by an insurance company. Dollars are not in short supply. Unless of course you're worried about how big the CEO's bonus is going to be.
I've never seen Geragos win a case yet but he's good at settling for a deal.
YA SPEND TRILLIONS IN IRAQ TO KILL INNOCENT PEOPLE WHY NOT SPEND A FEW THOUSAND TO SAVE SOME POOR SHMUCK EVEN FOR A COUPLE MONTHS!?
I am not sold on this GERAGOS, wait and see. Here is my QUESTION where are all these very RELIGOUS people that believe in the BIBLE as the true word. I REMEMBER how they had CONGRESS to rush back and have a special sesion for TERRY SHIAVO, remeber the floor speachies by NOTED ELECTED REP:., like DR.FRIST, LIE-BERMAN and a few others, and then you have people like RUSS LINBAUGH, SHIVO was wall to wall news for weeks in all the NEWS PAPERS AND RADIO , and TV, on this(Cigna) NATALINE case not a peep even on some of sights like KOS, BUZZFLASH. Where is this story.
Kastlefeer @ 108:
Is it necessary for you to characterize someone who is dying as a "schmuck"? Show some class if you have any Mr. ALL CAPS.
When I was getting the Ohio Entrepreneur's magazine a few years ago, it had a monthly article with such catchy talking points as
-Shared risk is Socialism
-Insurance companies have a right to make a profit on each and every customer, just like McDonalds
There was no understanding on their part that such "insurance" is overpriced at any price. If at most you are only gonna get back what you paid in, you might as well open a savings account.
Oh, and I'm fine with the idea that I might not get back what I pay in... its Insurance after all, which means shared risk!
Of course we are viewed as "risks" rather than clients. That is the very essence of a for-profit health insurance medical-industrial complex. Only single payer universal health care where doctors and their patients together make health care decisions change the system.
capitalism in health business is immoral. Where are republican family values on this.
In Beautiful Southeast Texas we have BBQ link sales and block parties for uninsured and under insured children and some adults to help defray costs of expensive operations or other medical needs.
I don't see this family doing anything to help themselves help this girl except hurang about CIGNA.
Danno @ 99:
God, this is getting old. Are you suggesting the USA should shut down until every penny is paid back?
Are you still paying Federal income taxes? If so, where the hell do you think that money is being spent? Here? At the EPA? At the FCC? New Orleans?
Try GE, Blackwater, Halliburton, Exxon, among many other in the military-industrial complex.
But you prefer to piss and moan here over healthcare costs.
Mark Geragos should consider expanding this to a RICO suit/prosecution. for several reasons:
The case more than satisfies all minimum criteria for a RICO action,
The perps can be put aeway for a longer time,
Individual employees, from the CEO down to a clerk, who participate in a RICO criminal activity cannot be indemnified or held blameless by their employer for their individual participation/contribution to the crime, even if all they are doing is "their jobs". The government/plaintiff can sieze their personal assets. In a properly prosecuted and decided case, Noboby escapes accountibility/justice for their participation in the crimes.
The minimum mandatory civil damages are treble any demonstrable losses. In addition, there will be punitive damages and fines which can dwarf the mandatory damages. the idea being, not to gain money for the client or the government, but to make the process as painful and financially damaging as possible to the criminal entity. In best case, the criminal entity is driven out of business.
On conviction/having a judgement levied against them, the company is permanently disgraced and labeled as a racketeering influenced criminal organization. This is something that could eventually put them out of business, as it has implications about whether it can issue stock, be lent money, etc, etc. It also makes the company a pariah in the business community.
The participants are branded with the status they deserve in society: criminals, predators, gangsters.
Indeed, Mr. Geragos' clients may make more money, but that is secondary to some of the above points, which would better serve justice. This case goes far and beyond common criminality or simple civil tort.
snitramc @ 48:
The reports of the poor Canadian healthcare system are greatly exaggerated in your media. Case in point: My father is going in for a hip replacement in January - he's actually had this hip done previously, but he was unlucky enough to have contracted an infection in the area and the hip must be replaced.
That being said, he isn't waiting months for treatment - they decided he needed the surgery two weeks ago, and he himself postponed it until after Christmas. He could have gone in anytime and had it done prior. So no "months of waiting" in this case. We're obviously not talking an organ transplant here, but still, the way the US media makes things it, you'd think all Canadians do is sit around and wait to die.
Also: We aren't paying a cent for it. It's covered by our healthcare system. He has additional insurance from his previous employer that gives him little perks like a private room, etc ... but Dad can get his hip replaced at Christmas and not worry about how he's going to afford gifts for his grandkids.
Whoever "mixed" this video should be put on trial as well....
Good read. Out of curiosity, why the ridiculous youtube video? I think this is slightly more serious that some poor video edits and the Saw theme song in the background. It was painful to watch not because of the situation but because of what the uploader did with it.
On to the meat of the article, the lawyer. I don't really know which lawyer to suggest, but after doing some research I don't think Geragos is going to produce many positive results. He seems to have been a flop in his recent cases and in such a high profile and critical case as this, I personally think the choice of a lawyer with some sort of ability to win cases would be crucial. Just my 2 cents
Lindy @ 105:
This is really the key point. Let me first stress that I don't know all the details of her medical history, so I'm just going on what I've read in the news. However, based on that - she had leukemia, and the liver failure was a complication of the bone marrow transplant - it would seem to me that heartless as it sounds, she should not have gotten the transplant anyway, because with the stress of the operation and likelihood that immunosuppressant drugs would cause a relapse of leukemia there was a low chance of survival. Nevertheless, it's a decision that should have been made by doctors on the basis of whether that liver could have saved someone else with simple liver failure who would have a reasonable chance of recovery, not by an insurance company based on the bottom line.
Even when talking about money, it's important to keep things in perspective: no you can't put a value on a life, but when you consider that the extraordinary amount of money for that operation could save several thousand lives in Africa, or several hundred here, it does show that there has to be a limit somewhere.
Anybody else notice the distinct absence of right wing "pro lifers" holding press conferences with Tom Delay and camping outside the building while she waited for a liver that never came? Oh wait! Liver transplant= $45,000 Abortion= $200...just needed to do the math I guess...
I can't believe that some of you think this case is a poster child for single payer healthcare. It's as stupid as saying that arming everybody in the country will stop murder. Are you really saying that no procedure gets denied under socialized medicine? The residents of those countries are oddly silent in this discussion. . . At least with competing insurance companies you have a choice to move to a more "liberal" company. Under single payer you have no choice, nobody to fire if things go wrong, no recourse.
This case calls for openness and regulation, not a wholesale government takeover. If you want a good compromise, how about we create a "single payer" insurer of last resort? Have the insurance companies contribute a fixed percentage of their income to this fund to spread the risk around equitably but keep any huge claims from adversely affecting one company too much or to have them be punished in the stock market for liberal claim allowance policies. Make everybody who wants a drivers' license or claim any state benefits sign up for the system (this would get the illegals to pay their share *and* get them licenses) and institute a national sales tax to make sure everybody has to pay a bit into the system. We'd keep the best parts of free-market healthcare and gain the best parts of socialized healthcare.
porcupine @ 23:
So we put up with not providing anything to anyone who isn't rich or famous? That's the current system. When celebs can jump to the top of long waiting lists for organs, or the uber rich can get anything they want, that's when you have a broken system.
Oh, by the way Porc, we can afford it and we don't on purpose. There's a little war going on that would have paid for full health coverage for the whole fucking country for a decade. Which was more important to the repugs? Any number of laws passed by congress turning health care into not for profit or a controlled profit industry would make things so fucking affordable it would make your head spin. Guess you don't use your head for thinking, often.
This poor girl had no realistic chance of survival.
Multiple organ failure isn't cured by replacing the organs unless you stop what caused them to fail in the first place.
Her own mother says she was in a vegatative state (not a medically induced coma) for 3 weeks prior to death - she was already in that state by the time a suitable liver was located.
It's to society's benefit that a viable liver was not sent into the ground along with her.
I am grateful several younger (like Natalie), cuter (like Natalie), but much sicker (ditto) patients were passed over in favor of my uncle when he got his heart transplant (at age 55) - 15 years and still going strong.
Mark Geragos should consider expanding this to a RICO suit/prosecution. for several reasons:
The case more than satisfies all minimum criteria for a RICO action,
What a great idea. Paul, I like the way you think.
Excellent. SIGNA may well be going down -- whether by the courts or public perception.
I see we have armchair medical doctors, quick to over-rule what the UCLA doctors advised (to go with the transplant). Perhaps we should fire these UCLA doctors and put these armchair experts in their place? /sarcasm
Yes it is a tragedy whenever a young person dies, because it is highly unusual in the Western Hemisphere. But the only question I have is did her policy cover her?
If it did, it is murder. Along with breach of contract.
If she was not covered then it is not the Insurance Companies problem. In fact it would be a fiduciary crime for the Insurance Co. to misdirect funds in her case to finance her health, depriving those insured with that company of their pool of health care coverage, and leading to increased rates.
The courts will determine this.
geragos is going to crush them! cigna seriously deserves whatever they get out of this. the only thing worse is politicians from the other side of the country are going to use her as a tool for their own gain.
Rationing health care is a requirement. Look at it this way - it is possible for a country to spend 100% of its GNP on health care, and still not do everything possible health wise for its population. Rationing means that some people are going to die who could otherwise be saved.
As far as I can tell, under libertarianized health care there are two methods of rationing. One is ability to afford, and two, let the buyer beware. I would expect that insurance policies must at some level limit liability. As with almost any business, unlimited liability is not a possibility. Given that the US health system is a business and not a government, not only must there be a limit on liability, but there must also be a profit. While I do not shop for health insurance, I do shop for other types of insurance. It is extremely difficult to change insurance companies. A lot of work is involved. In the case of life insurance and disability insurance, this may include blood tests and so forth. As I get older, the problems changing insurance companies mount as the fees increase. It is not the same thing as changing the brand of detergent one uses on ones dishes. There is a lot of room for profit in the health care industry as the customer base is at least partially a captive audience.
Under a national health care system there is hopefully one method of rationing, and that method should affect everyone - from the rubby to the head of state - equally. In practice, I suspect that the rubby does not receive the same level of medical care.
Two a side issues:
A. The actual cost of the procedure: compare with Canada
The estimated average cost of a liver transplant in Ontario, including follow-up costs, is $121 732" http://www.cmaj.ca/news/04_12_02.shtml" Libertarianized health is extremely expensive, requiring still further rationing.
B. An estimate for the overall quality of a medical system is the life expectancy of the population. The World Health Organisation provides such statistics (http://www.who.int/whosis/indicators/2007HALE0/en/index.html) though some work with a spreadsheet will be required. For 2005:
1. Japan (82.5)
2. San Marino (82)
3. Switzerland (81.5)
11. Canada (80.5)
32. United States (77.5)
39. Cuba (77.0)
How rationing is done will definitely effect these numbers.
Fascist Nation @ 127:
Yes, her policy covers liver transplant.
First of all I find the article quite superficial, making it almost impossible to figure out what is really going on. However I find a few things disturbing:
1. USA is not covering basic health care free of charge for everybody, especially in life threatening situations?!? It is old news for me, as a citizen of eastern Europe, but there are some basic human rights that every civilized country in the world is bound/liable for. ...regardless of how much one person has in his pockets.
2. Public/private interest. Even if health insurance is a private contract, there are some public issues and interests that should be ruled by compulsory rules at a national level. Otherwise, a pencil-pusher decides what is best for you... err... his money.
3. The issue of insurance companies deciding on treatment could be addressed in another matter, if, let`s say, patient`s contributions entitle him to a certain amount of funds. Then, in a medical situation, the patient or his relatives could make their own decision, not a bureaucrat.
All in all, I suggest to scrape your health care system and start from ground up. Too many elemental flaws.
Joe Nobody @ 131:
In America there is no group we value more than pencil-pushers. We give them salaries up to 1,000 times as much as we pay our scientists and teachers.
its outrageously expensive if another person who may better survive can recieve that organ instead.
with long waiting lists i'm sure there was someone else.
as harsh as it is, its unethical to waste a scarce organ on a girl who is doomed. one focus's on this girl, but what of the other person who could use it and live a long time. what if they die if she wastes the organ they could have used? is it murder? one becomes too focused on one human story and forgets the rest which can be a danger.
to put that organ into that girl would be to set up a horrible catch 22 situation with the only outcome as prolonged death.
how anyone could justify such a thing i don't know.
another problem is we have an opt in organ donation system.
other countries make you actively retract permission for donation.
you can guess how this affects donation rates.
the grieving mind isn't entirely rational.
the us system does not account for human psychology.
is this responsible?
how many die because people do not donate?
how many of you are registered as organ donors?
cry about healthcaresystems/insurance companies all you want. the hands of many of "the people" are dirty as well. the indignant outrage over the lack of value a company gives a human life kind of feels a bit hollow when so many can't even be bothered to fill in an extra check box on their drivers license application.
maybe because the Barbecue Health Care System (BHCS) is, shall we say, not quite effective for ensuring proper care in all cases, and ensuring (you texans like to talk about this) their personal life and liberty? if you actually read john locke, he mentions the right to "health" alongside life, liberty, and the pursuit of happiness.
fred tam @ 133:
The issue here is: when the medical experts decide who is most eligible to receive an organ, it is not the insurance company's right or expertise to over-ride their decision.
porcupine @ 19:
Preventive health care, not preventative. This makes me sick.
Porcupine said:
But here is what all 4 treating physicians said:
But the sickest part of all was that CIGNA initially denied the procedure on the grounds that it was not medically necessary. Hello you cannot live without a liver so it certainly was medically necessary.
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