This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Mar. 8, 2005

Torts
Fraud
Bad Faith

Confidential

Settlement –  $420,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Timothy Suing

Roy Penuela


Defendant

Robert C. Reback
(Reback, McAndrews & Blessey LLP)

John J. Duffy
(Swanson, Martin and Bell LLP)

Mike Martinez

David J. Weiss
(Law Offices of David J. Weiss)

Randolph M. Even
(ADR Services Inc.)


Facts

The subject suit was brought by the plaintiff, a mentally and physically disabled person, against defendant Health Net, a Medicare HMO, and the plaintiff's former health care providers. The plaintiff accused Health Net of committing fraud, negligence and acting in bad faith. The former healthcare providers were accused of committing malpractice and abuse of a dependent adult. The plaintiff is a paranoid schizophrenic who was under LPS conservatorship and was legally unable to provide informed consent about psychiatric treatment for his mental illness. Only the plaintiff's then-conservator could provide informed consent for the plaintiff's psychiatric treatment.

Settlement Discussions

PLEASE SUMMARISE ANY SETTLEMENT DISCUSSIONS PRIOR TO THE AGREED SETTLEMENT.

Other Information

Health Net contributed $30,000 to the settlement.


#86857

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390