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Anthem Sued for Denying Coverage for Microprocessor Controlled Lower Limb Prostheses
In September of 2017, Anthem was sued in a class action lawsuit in California for failing to provide coverage for microprocessor controlled lower limb prostheses for amputees who had lost a lower limb. The lawsuit alleges that Anthem has determined the devices are “not medically necessary” and are “investigational”. The lawsuit claims that the devices are effective and are also necessary for amputees who have lost a lower limb. The two types of lower limb prostheses are above the knee prostheses and below the knee prostheses. Manufacturers of both devices now use microprocessors to power artificial knees as well as …
Los Angeles Attorneys Sue United Healthcare for Failing to Cover Prostheses
Late last year, a group of Los Angeles attorneys sued United Healthcare, an insurance company, for failing to properly provide coverage for artificial limbs. The lawsuit alleges that the company systematically denies claims for prosthetic arms and legs without assessing or determining the amputee’s needs or how the device will meet those needs. According to the lawsuit, United has a coverage determination guideline that it uses to deny claims for prosthetic arm and leg devices. The guideline states that if more than one prosthetic device can meet the amputee’s needs, benefits are only available for the device that meets the …
Blue Shield of California Sued for Failing to Properly Reimburse Prosthetists
A lawsuit that was filed late last year accuses Blue Shield of California of refusing to properly reimburse prosthetists for their prosthetic leg components. The lawsuit is seeking restitution and damages for the victims, as well as an injunction against Blue Shield’s business practices. Under Blue Shield’s insurance contract with its customers, the insurance policy is designed for customers to obtain services from in-network medical professionals. If the customer chooses to get an out-of-network provider, the costs to the customer are usually higher. According to the lawsuit, implicit in the contract is the promise that Blue Shield will maintain a …
I got bone cancer and it wasn’t properly diagnosed. I lost a limb. Can I sue my doctor?
I am very sorry to hear about your cancer and subsequent amputation. As an amputee as well as a personal injury attorney, I understand how much an amputation can affect your everyday life, as well as the expenses that arise after an amputation. If you contracted bone cancer, and it was not diagnosed, you may be able to sue your doctor for medical malpractice. It depends on the circumstances involved with your medical condition. By law, doctors are responsible for giving the same type of care that a reasonably competent and skilled health care professional, with a similar background and …
My boss in Los Angeles just gave me a 1099 tax form and I found out I must pay a lot in taxes because I am an independent contractor. I thought I was an employee. What can I do legally?
This is a very common situation. A company may hire a worker to do some work for the company. The worker may be under the impression that he or she is an employee and that the company is withholding taxes. When it’s tax time, the worker may discover that he or she has been classified as an independent contractor, nothing has been withheld, and the worker owes a significant amount of money. When you get hired at a job, you may not care what your employment status is. However, you should care, because whether or not you are classified as …
I was involved in an accident with a tractor trailer. Can I hold the trucking company responsible?
I am sorry to hear about your accident. Yes, if you are involved in an accident with a tractor trailer in Los Angeles that was caused by the negligence of the tractor trailer driver, in most cases you can hold the trucking company responsible. However, you need to speak with an attorney. Typically, accidents involving tractor trailers are complex and often involve large amounts of damages. An attorney is necessary to ensure that you get the compensation to which you entitled after the accident. Jackknifing is a term that refers to what happens when a tractor trailer or 18-wheeler skids, …
I have been injured in a bicycle accident involving a vehicle in Los Angeles. Should I call an attorney right away or wait until my injuries are completely healed?
If you have been injured by an automobile while you were riding a bicycle in Los Angeles, you should speak with an attorney right away. It is likely that your injuries were serious, and an attorney can help you recover the compensation to which you are entitled. Under California law, bicyclists who are injured because of the negligence of other drivers are entitled to compensation for their medical expenses, lost wages, and pain and suffering. You are not alone. According to the National Highway Traffic Safety Administration, over 50,000 bicyclists are injured by automobiles in accidents every year, and over …
I think my medical issues are related to a prescription drug I took. Is there a time limit on how long I have to file a claim?
I’m sorry to hear that you had a bad experience with a prescription drug. In the U.S. the drug supply is overall very safe when used as intended. However, defective or poorly tested prescription drugs are responsible for countless numbers of deaths and serious personal injuries in the U.S. every year. Yes, there are time limits on how long you have to file a claim if you have been injured by a defective drug. Almost every type of legal case has a statute of limitations, which is a time period in which a lawsuit must be filed. In some medical …
What are my legal rights if I have been injured by the drug GranuFlo in Los Angeles?
If you have been injured as a result of taking the drug GranuFlo, you should speak with an attorney who has experience in handling prescription drug injury cases. You may be entitled to compensation from the drug’s manufacturer for your injuries, including your medical expenses, time missed from work, and pain and suffering. In March 2012 a drug company called Fresenius Medical Care recalled a dialysis drug called GranuFlo. Fresenius is the leading provider of dialysis treatments and products in the U.S. The concern with GranuFlo is that it can be incorrectly administered, which can result in very serious effects …
I recently became an amputee after an accident, and I’m not happy with my prosthesis. What can I do?
First, I’m sorry to hear about your amputation. I am not only a personal injury attorney, I’m also an amputee. I understand all the emotional and physical issues that accompany most amputations. Even the best prosthesis will never be the same as your limb. However, some great progress has been made in the field of prosthetics. They are more functional, comfortable, lightweight, and cosmetically appealing than ever before. Despite all the improvements, however, some prostheses are simply not useable. Your options depend on the problems with the prosthesis. If it is too heavy or uncomfortable, talk with your prosthetist. There …
My coworkers make fun of my accent in Los Angeles. Is that illegal?
Whether or not your coworkers can legally make fun of your accent depends on the circumstances. Under federal and state law, discriminating against or harassing someone in the workplace based on his or her ethnicity is illegal. If your coworkers are making fun of you because of your ethnicity, that is illegal, and you may have certain legal rights against your employer. Under Title VII of the Civil Rights Act of 1964, discrimination in employment based on religion, national origin, race, and color, among other traits, is illegal. This generally includes ethnicity. Ethnicity refers to a certain group of people …
What are my legal options if I tore my ACL in an accident in Los Angeles?
I’m sorry to hear about your torn ACL. If you tore your ACL because of another party’s negligent conduct, you should speak with an attorney about your legal options. A torn ACL can be very painful and normally takes surgery to heal, followed by months of therapy. The ACL is one of two ligaments that help connect the shin bone and the thigh bone. The ACL helps support the knee joint by holding the bones together. The ACL also helps stabilize movement. If an ACL is torn, stability is lost, and medical treatment is needed. There are a number of …