
U.S. District Court Judge Federico A. Moreno conducted a hearing in
the consolidated Managed Care Cases (MDL 1334) on July 16, 2002. The cases are
before him in the Federal District Court for the Southern District of Florida
and include both Subscriber and Provider track actions. The Hearing, addressed
discovery and other matters. The Order setting the Hearing can be viewed by
clicking here. A news release with additional details is available in the
HMO Crisis Newsroom along with a complete history of the
action.
On June 28, a jury in Dallas, Texas’ 191st State District Court,
found Cigna Healthcare of Texas liable in the death of Herschel Pybas. The
result was a $13 million verdict ($10 million of it in punitive damages) against
the HMO. Pybas’s family convinced the jury that the HMO placed its cost-saving
measures ahead of a Mr. Pybas’ life. The case marked the first time that
plaintiffs have prevailed in a case tried under § 88.001 of Texas’ Civil
Practices and Remedies Code. The code section allows HMOs to be held accountable
in medical-malpractice cases. Family members of 83-year-old heart patient
Herschel Pybas were concerned when Cigna HMO officials pushed Pybas out of a
medical care facility to his home. The result was tragic when Pybas, who needed
24-hour care, died at a hospital in six days after he was discharged from the
skilled nursing home facility that Cigna indicated was to costly. For a detailed
report on the case please go to: www.law.com.