Barclay Damon
Barclay Damon

Firm successfully Defends Benefits Administrator and its Employee

Barclay Damon successfully defended its client, an independent professional benefits administrator for self-funded health and risk management plans and one of its employees in a pair of Federal Court civil rights actions against charges that the administrator conspired with a municipality to deny medical treatment and benefits to retired, disabled police officers.  The officers, who were injured on the job, are entitled to payment of their medical treatment and hospital care necessitated by reason of their injuries.  In these actions, it was claimed that in an attempt to cut costs, medical treatment was denied which caused the officers to be deprived of their civil rights in violation of the Constitution.  Following years of litigation, we obtained summary judgment with the Court finding that there was no conspiracy and no violation of the Constitution.  Rather, the steps taken to review and audit medical bills were reasonable efforts by the municipality to control costs that were properly carried out by the benefits administrator.  Significantly, the Court found that there was no denial of any treatment or benefits due to the police officers.

 

For More Information on Barclay Damon's Commercial Litigation Practice Area:

Jon Devendorf

p: 315-425-2724

f: 315-425-8551

icon_emailjdevendorf@barclaydamon.com

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Brian Whiteley

p: 617-274-2903

f: 617-722-6003

icon_emailbwhiteley@barclaydamon.com

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