Medical Malpractice Attorneys and Class Action Lawsuits
Recently in Philadelphia PA, a former Avant Healthcare employee named Joseph West had an accident in his work place. Prior to that, he had worked for several years for another company and it was determined that he had embezzled money by making extra money by working extra hours.
Because of this, and because the company insurance policy did not cover any loss of income due to an on-the-job accident, the insurance carrier would only pay out benefits for the hospital room bills. In short, Joseph West never got his treatment for mesothelioma.
Avant Healthcare Lawsuit
Because of the Avant Healthcare Insurance policy, Joseph West filed a lawsuit against the company. The case was settled in July of 2021 with an agreement that Avant Healthcare would pay Mr. West’s medical bills, with additional compensation for lost wages and future medical costs. Avant Healthcare has since gone bankrupt and is now defunct.
However, this does not erase the facts of the matter. As a matter of fact, it forced Avant Healthcare to acknowledge their mistakes and pay compensation to this individual because they were not properly covered under their insurance policy.
During this lawsuit, there were a number of legal twists and turns that literally left this individual feeling hopeless.
First of all, it became apparent that the compensation package that was awarded to Joseph West was totally inadequate. This included not only a lump sum payment but also was only designed to cover the medical bills that were accumulated over time. The amount awarded was actually below the required threshold to be deemed as a settlement.
Even worse, the amount was designed to be paid in full, which means that Joseph West would have to get behind on his bills in a couple more months before being able to see any benefits from the lawsuit.
Next, the way in which Avant Healthcare handled the lawsuit made matters worse.
Instead of allowing the lawsuit to go forward, the insurance carrier, Avant Healthcare, immediately denied the claim. This was unusual, as in the past this type of medical negligence case has been allowed to proceed. A lot of companies have changed their tune on this type of case, when presented with the prospect of being awarded a large settlement, especially if they have already been involved in some other legal action against a similar medical professional. Avant Healthcare chose not to make this adjustment.
As a result of Avant Healthcare’s refusal to allow the lawsuit to continue, this matter became a class-action lawsuit, which required that each individual filing suit sign a waiver of consent.
This waiver contained specific information about the nature of the case and the parties involved. In addition, it contained the specifics of the stipulations of the lawsuit and any cross-claims that had been filed in the case. Without these waivers, it would have been difficult for the plaintiffs to pursue their case in a true way.
Ultimately, it was not until the final hearing of this lawsuit, which ended in a victory for the plaintiffs that Avant Healthcare finally admitted their mistakes.
They had tried to sweep this issue under the rug, but with the help of a competent lawyer, this ploy was uncovered. A court date was set to determine whether or not the lawsuit would be allowed to proceed. When this was announced, the Avant Healthcare management realized that they had indeed made a mistake in judgment. The case was then dismissed.