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Thursday, February 22, 2024

Lengthy-Haul COVID Sufferer Positioned Again on Incapacity Declare and Awarded Attorneys’ Charges


Over the previous two years, the COVID-19 pandemic has altered almost everybody’s life. Along with the entire disruption of day-to-day normalcy, those that contracted COVID not solely needed to take care of the worry of loss of life, but additionally the potential for the lingering results of long-haul COVID, impacting the power to return to work. 

Many individuals belief that long-term incapacity insurance coverage will defend them when an harm or sickness prevents them from with the ability to proceed working. Sadly, as a result of long-haul COVID is such a brand new analysis, many insurance coverage corporations are improperly refusing to approve incapacity claims primarily based on long-haul COVID associated restrictions and limitations. This occurred to considered one of Donahue & Horrow LLP’s shoppers, who by no means totally recovered after contracting COVID. The incapacity insurer refused to pay her declare—till our legislation agency received concerned.

Our shopper was solely 47 years outdated when she examined constructive for COVID in September 2020. After present process intensive care and therapy, she hoped she may steadily enhance and return to her pre-COVID stage of functioning. Nevertheless, she suffered from lingering signs together with, however not restricted to, respiratory points, low oxygen saturation, post-COVID multi-organ dysfunction, confusion, steadiness difficulties, incontinence, reminiscence points and issue with consideration and focus. Sadly, regardless of in depth therapy with quite a lot of totally different specialists, she remained restricted and unable to return to full-time work. 

After submitting a long-term incapacity declare underneath a incapacity insurance coverage coverage issued by our shopper’s employer and ruled by ERISA, our shopper was solely granted 5 months of incapacity advantages earlier than her declare was unreasonably denied. Our shopper dutifully appealed the declare denial, as is required by ERISA earlier than a lawsuit may be filed. Nevertheless, regardless of in depth documentation of her long-haul COVID signs and associated restrictions and limitations, the insurance coverage firm refused to reverse its earlier resolution. 

After the shopper contacted Donahue & Horrow LLP, our agency rapidly filed a lawsuit within the Central District of California’s Downtown Los Angeles courthouse. Whereas the Court docket moved slowly, not issuing any case administration, pre-trial or trial dates, we saved advocating for our shopper and satisfied the insurance coverage firm to conduct a mediation whereas ready for the Court docket to situation dates. 

On the mediation, Michael Horrow, founding accomplice of Donahue & Horrow LLP detailed the medical proof demonstrating that our shopper was unable to proceed working and that there was merely no medical foundation to the insurance coverage firm’s denial resolution. Whereas no settlement was reached on the mediation, shortly thereafter the insurer despatched a letter indicating that it reversed its declare resolution and reinstated and accepted our shopper’s declare. Accordingly, she is going to obtain and accumulate each greenback that the insurance coverage firm owes her, and the insurer shall be required to pay the attorneys’ charges she was pressured to incur.

In case you consider that your incapacity insurance coverage, life insurance coverage or Unintentional Dying & Dismemberment insurance coverage declare was improperly denied by your insurance coverage firm, name Donahue & Horrow LLP at (877) 664-5407 for a free session. If the denial letter from the insurance coverage firm mentions ERISA, don’t delay as there are deadlines that have to be met instantly or your declare shall be misplaced without end.

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