Pamela Jackson, E. Lynn Schoenmann, in her capacity as trustee of the bankruptcy estate of Pamela Jackson v. Wilson, Sonsini, Goodrich & Rosati Long Term Disability Plan, Prudential Insurance Company of America
Published: Sep. 25, 2010 | Result Date: Aug. 27, 2010 | Filing Date: Jan. 1, 1900 |Case number: 3:08-cv-01607-JSW Summary Judgment – Defense
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Tad A. Devlin
(Kaufman, Dolowich & Voluck LLP)
Donald P. Sullivan
(Jackson Lewis PC)
Facts
Plaintiff Pamela Jackson worked as a help desk analyst for defendant Wilson, Sonsini, Goodrich & Rosati LLP from 1979 until Dec. 17, 1997.
Jackson left the company due to pain and numbness associated with a back condition. Jackson submitted a claim for long term disability benefits to Prudential Insurance Company of America (Prudential), which was approved, and she subsequently underwent back surgery on March 1998.
Jackson continued to complain of increasing pain in her back and legs. Prudential reviewed Jackson's case and found no evidence to support her complaints. As a result, Prudential terminated Jackson's long term disability benefits. Jackson appealed the termination three times and Prudential denied her appeals each time, finding no medical evidence to support her claims.
Jackson filed suit against her employer's long-term disability plan and Prudential.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that her long-term benefits were wrongfully terminated and that she suffered continuing pain, making her unfit for work. Plaintiff contended that she was disabled. This contention was based upon her own experiences and descriptions of her symptomatology, the unanimous opinions of her treating physicians, the SSA's conclusion that she was unfit for work, and evidence of a serious back injury suffered during a medical procedure which resulted in damage to her spinal cord.
DEFENDANTS' CONTENTIONS:
The defense offered reports by Jackson's treating physician which did not indicate that Jackson was unable to work but, in fact, showed that she was in recovery.
Result
The court granted summary judgment in favor of defendants.
Other Information
Plaintiff's appeal to the Ninth Circuit Court of Appeals is pending. FILING DATE: March 24, 2008.
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