FKB’s Andrew Tobman successfully represented a client at a private insurance company appeal surrounding revocation of his network participation status. The insurance company sought to remove a podiatrist from their network secondary to settlement of a 2011 lawsuit at a mediation, where the patient expired from a silent pulmonary embolus. The insurance company cited quality of care protocols for removal from their network. Andrew retained and used an expert to testify that there was no credibility as to the allegations in the lawsuit, and obtained several letters of recommendation. Andrew also cited to the details of the case, which were critical to the podiatrist’s decision to settle. Overall the lawsuit’s exposure was approximately $3 million; with damages for loss of parental guidance, loss of spousal services and lost earnings. Yet, the case settled for mid six-figures reflecting that it was a business decision to avoid a trial. Andrew used data from the Court Statistics Project (CSP) that reveal plaintiffs’ high success rates at trial and that New York is the most litigious state, by population, in the country.
If you have any questions, please contact Andrew Tobman.