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Eric Turkewitz

State Farm Hit With Civil RICO Claim Over Sham Medical Exams

Cross-posted from New York Personal Injury Law Blog:

state-farm-logo-787184.jpg

State Farm has been sued for racketeering in New York with a claim that it conspired with "Independent Medical Exam" companies and medical practitioners to produce fraudulent and sham medical reports. The suit, filed January 30th in the Eastern District of New York, is brought under the Racketeer Influenced Corrupt Organization Act (RICO). (This story has not been previously reported.)

State Farm acted in concert with "IME" companies and doctors to furnish fraudulent and boilerplate reports, according to the suit. (Click here to keep reading)

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Posted at 8:16 AM, Feb 15, 2008 in Bad Faith Denial | Corporate Abuse | Insurance Industry | Medical Malpractice | New York State | News
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Comments

Could you provide a source for the suit please?

Posted by: R. Smalley | February 17, 2008 7:24 PM

For the source, follow the link and you will find a copy of the Complaint.

Posted by: Eric Turkewitz | February 17, 2008 8:41 PM

Dear Sirs:

I am writing to your firm because, unfortunately my attorney he has backed into a corner in regards to my case.

The case is a personal injury, due to an automobile accident back in March 2003. I have sustained numerous injuries to my neck and back. The person responsible for the accident was a 19-year-old kid that was road raging, ended up rear-ending my car. Who was issued two citations for the accident? He also has quite the rap sheet showing that this is normal behavior. He was charged with leaving the scene of an accident 3 weeks after he hit me. This past December he was charged with a domestic violence charge, and numerous traffic violations, as well as marijuana charges. I know these charges cannot be used against him in court. However, they do prove that this is a person that has anger management issues.

The second attorney on the case agreed too represent me, after I decided to change counsel, which I originally obtained after the accident. He has a private practice, and his partner is his wife. The issue now is this is a State Farm vs. State Farm case. And my attorney has a case of cold feet, per say. There was a witness at the scene, which originally sided for me. Now she has perjured herself under oath, not once, but several times. It seems now that she is siding for the defense. Therefore, my attorney does not want to attack her credibility at a trial. He has advised me that a jury will never side for me, if her story matches with the defendants. Even though she has stated that, he was solely at fault, which she stated under oath. In addition, an investigator went to the witness’s residence and was asking the witness a series of questions, but in the meantime was turning on and off his tape recorder. He never disclosed his name, or which client he was representing. No one was ever seen a transcript from that day and the witness states this in her testimony, under oath.

The witness has also fabricated quite the story about what had happened at the scene of the accident while under oath, but in my favor. Now my attorney said that none of that matters anymore, because the witness has changed her statements. The attorney also agrees with me that she is no longer creditable, but a jury will believe her any way. I also have a witness that was not at the scene, but on speakerphone on my cell phone through out the whole episode. My attorney has never brought this subject up. Even though he will have cell phone records showing the phone call, date and time of my call. I cannot get records from my provider, because my policy was with a no contract provider.

I tried to drop this lawsuit a couple of years ago, because my attorney’s doctors could not diagnose my injuries. After two years, I could not handle the stress, the pain, and all of the doctors telling me that they could not find the problem and that it was all in my head. I was told that my headaches were from my sinuses, and that the severe cramps in my legs where from a mineral deficiency and that I should drink plenty of tonic water. Three weeks later, my attorney called me up and asked me to continue the case, and to please see one more of his doctors, which I did.

Since then, I move to California after Hurricane Wilma. I found a world-renowned doctor in Newport Beach, CA. Who specializes in my type of injuries, he decided that he would take me on as a patient and started a number of diagnostic outpatient procedures.

Well the outcome of those procedures in fact, confirmed the symptoms that I suffered from for two and a half years. Two herniated disks and one bulged disk in my neck and a facet injury in my lower back. Now I was considered a surgical candidate. Unfortunately, after two year of my attorneys doctors fees, there were not enough insurance funds to cover the surgery.

Now this, last week I spoke with my attorney, and he told me that I should prepare for bankruptcy and he is withdrawing from my case because of reconcilable differences, or I could pay him a retainer of $7500.00 to try to get the witness disbarred from the case. Now I am representing myself. State Farm just offered me $5000.00 to settle, now that does not equate to $200.000 in medical bills and an attorney that has just put a lien on my case after he withdrew, or lost wages.

I cannot even phantom the idea of having permanent injuries for the rest of my life and being financially ruined. I am a 43-year-old woman and I do not want bankruptcy to haunt me until I am 50 years old.

Can you please advise me of what I should do next? I am open to any suggestion that you may offer.

Yours Truly,

Dogbones

Posted by: Dogbones | February 20, 2008 10:05 PM

Email the CEO Ed Rust at ed.rust.atei@statefarm.com

He will never acknowledge the email but believe me, he'll get it. They will let you know. They operate in pure bad and evil faith in Atlanta, particularly adjuster Vanessa Ennis in the Panola Claims Office.

Posted by: Jeff | June 17, 2008 5:41 PM

Hello I am writing in regards to my sons automobile accident Jan 07th 2007.
This case involves several parties and there was a drunk driver that almost killed my son. Greg ( my son 17 at the time ) sustained traumatic brain injuries, puntured lung , laserated liver, and needed a blood transfusion b/c of this outrageous accident. He still suffers from tbi and I am at my wits end with my personal injury lawyers.
The guy that was drivng the car my son was in registered off the charts as being intoxicated and my son ( nothing) he was just with the wrong person getting a ride home .
My son died 7x's that night and still has so many problems today and will the rest of his life and yet our attorneys has put a lien on the case and I am having trouble finding another attorney that will take the case b/c of that fact. The present attorneys have done nothing with this case and now they are saying that we may not get anything for our suffering b/c they have noo proof even though a depositon that we attended several months ago proves that the other guy is at fault. There is a lady who provided the liquoir to minors that night as well and they want to drop her from the case and she is the main insurance part b/c it happened at her house and she did nothing to stop anything that night.I have got those people all the proof that they need to settle this case already, butI feel in my gut they have sold me out.
After I hired this firm I found out that they are known to only work from their office and never investigate and that is excatly what they did , they never even interviwed the ones at the home of that lady that night and fails to locate and talk to anyone that I give to them, alos they never send me anyhting reagarding hearings or depositions, nothing.
I need some advice soon b/c i really want to fire them again , but to get that lein off so that we can proceed .
Can a lawyer just drop a partie that I am in the process of suing and not bother to let me know anything.
I hope that someone has some advice b/c my family and I want to get on with our lives and find a attorney that we trust.
Thanks,,,Janet

Posted by: Janet Greenhaw | August 29, 2008 5:07 AM

I am still having ongoing serious legal problems due to false information and testimony by a state farm insurance claims adjuster. My house burnt to the ground in Kansas City, Kansas on 29 May 2009.
I had an insurance policy by State Farm. After being injured in the fire and in the hospital my dad made a claim on my policy, the insurance adjuster had contacted me (over the phone) about details of the claim under policy. He told me I could accept payments under a "loss of use" clause for displacement.
At that time I expressed disaproval of the claim, the Insurance adjuster, Mike Haire of Topeka Kansas had deliberatley without my knowledge, paid money on this falsely created claim. Once the claim was created State Farm used this as evidence againts me for insurance fraud, a warrant was issued for my arrest and then the insurance company conspired to make these payments as evidence in a futer trial.
On my last day in the hospital, 1 July 2009 I was paid a visit by the Kansas City, Kansas Fire Chief, Randall Hockett. In my statement under oath I maintained my innocence re- afirming the cause had been an accident. On 7 July a warrent was issued for my arrest, I promptly bailed myself out on a $25,000 total bond. I Hired an attorney, Steven Alexander of Barnett law firm located in Wyabdotte Co, Kansas City Kansas. I was given a pre-trial date of 31 Dec 2009, at this hearing the state's two main witness were Mr. Hockett (focusing on cause) and Mike Haire who had intentionaly withheld information that payments were made to a 3rd party person (my father) claiming I had in some way benifited from these payments. Under homeowner policy guidelines it is required that 3rd party persons be present in hearings and at the hands of the Kansas State prosecuter, Casey Meyer had collaberated with the insurance company, marked my father as a witness in that preliminary and then denied his testimony at the last minute to force him out of the court. This is the first time I was aware monies had been paid, and my father could have testified as to what exactly happened.

In light of this unethical behavior, per my agreement with my lawyer I was required to pay addition fees (if neccessary)for services rendered by experts to help my defense in cause which I did. I hired Curt Huckshorn, of Belton MO, and after a $2000 retainer he was under the opinion I should make a plea deal, which my lawyer supported in an effort to push this through to the court without my best intrest or proper defense of this case. My lawyer is attempting to withdrawl from defending me even though I have made a valid argument as to a defense which does not make an expert neccessary under our agreement. My next court date is 0845am ,12 July 2010, Wyandotte Co, Court Div 9, at this hearing my lawer be attempting to withdrawal.

Posted by: Adam B. | June 30, 2010 8:56 AM