Noteworthy Cases
Robert Weiner, Margaret Weiner, Mark Weiner and Robert Weiner, individually and as Personal Representative of the Estate of Steven Weiner, v. Blue Cross of Maryland, Inc., Blue Shield of Maryland, Inc., and Blue Cross/Blue Shield of Florida, Inc.
17th Circuit, Broward County, Florida
Mr. and Mrs. Weiner had purchased major medical health insurance for themselves and their two sons. The terms of the coverage, including a description of who was covered, was explained to them in this booklet from Blue Cross/Blue Shield of Maryland. Tragically, both sons of Mr. and Mrs. Weiner were rendered quadriplegic in the same year and not long thereafter Blue Cross/Blue Shield cut off their coverage and stopped paying for their home nursing care. As a result, Mr. and Mrs. Weiner had to try and keep their small business going and take care of their sons at the same time. It was a nightmare that was more than anyone could be expected to handle. At the family's request we filed a lawsuit seeking damages for fraud and breach of contract. After years of very contentious litigation, after more than 100 depositions and after a one month jury trial, the jury returned a verdict for the family of $7,000,000. But the battle did not stop there. Following the verdict, Blue Cross/Blue Shield fought the case through appeals and collateral attacks in state and federal courts in several states. Although we won at every level, they still refused to pay. To collect the money that was owed the family we went to the extraordinary length of seizing the bank account of Blue Cross/Blue Shield of Maryland which then led to more collateral attacks on our verdict, this time in the state and federal courts of Maryland. By the time it was all over, the case had gone on for seven years, was in and out of 10 courts and required us to review thousands of documents. With interest, we eventually collected $10,550,000 for the family and they live comfortably today on the money we recovered for them. Sadly, one of their two sons passed away before the case was finally resolved.
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