Facts

Plaintiff Bibiana Cota worked as an executive secretary for defendant Bayer Corporation. In the 1980s, Cota was diagnosed with systemic lupus erythematosus (SLE). She was in remission until 1992, after which her symptoms degraded and she required hospitalization for over six weeks. As such, Cota received short-term disability benefits and later, long-term benefits. Kemper National Services (Kemper), Bayer Corporation's third-party administrator, managed Cota's claim.

In August 2003, Cota was assessed pursuant to defendant's functional capacity evautions, and determined to possess abilities to meet specific job skills in various employment capacities. On Oct 10, 2003, Kemper informed Cota that her long-term benefits would cease on Oct. 31, 2003.

Cota appealed, and was denied. She filed suit against Bayer claiming violation of the Employee Retirement Income Security Act of 1974 (ERISA).

PLAINTIFF'S CONTENTIONS:
Plaintiff is a 56-year old former executive assistant for a Bayer V-P, who had been disabled with systemic lupus erythematosus (SLE), and resulting complications, since 1992. She was paid disability benefits from Bayer for more than ten years when they were abruptly terminated in 2003. Plaintiff suffered from chronic pain and fatigue, cognitive deficits, particularly with her memory, chronic and uncontrollable irritable bowels and diarrhea, incontinence, and others, resulting from her illness. Moreover, she had previously had renal failure from the disease, and while that had been brought under control, she had been advised that any stress, including that in the workplace, created a risk of a relapse that could be life-threatening.

Result

Defense verdict.

Other Information

In deciding for the defendant, Judge Guilford wrote that, "The Court is sympathetic to the difficulties Cota describes. The Court's holding in this case should not be construed as finding that Cota does not have pain, or that her condition does not adversely impact her quality of life. But Bayer has presented credible evidence supporting its position. . .even under a simple preponderance of the evidence analysis, the opinions of these professionals tip the scales toward Bayer." FILING DATE: Nov. 1, 2004