TortDeform: The Civil Justice Defense Blog

Eric Turkewitz

State Farm Hit With Civil RICO Claim Over Sham Medical Exams

Cross-posted from New York Personal Injury Law Blog:

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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)

Posted at 8:16 AM, Feb 15, 2008 in Bad Faith Denial | Corporate Abuse | Insurance Industry | Medical Malpractice | New York State | News | Permalink | Comments (3) | TrackBack (0)


Comments

Could you provide a source for the suit please?

Posted by: R. Smalley | February 17, 2008 07:24 PM

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

Posted by: Eric Turkewitz | February 17, 2008 08:41 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


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