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.

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