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Lawsuit: Blue Cross Blue Shield wouldn't bring sick mom on vacation back to U.S.

A daughter is suing Blue Cross Blue Shield for allegedly refusing to transport her dying mother from a substandard hospital in Mexico, where they were vacationing at the time her condition worsened, back to the United States.

Jacqueline Shenberger says that on February 12, 2008, while she was on vacation in Cancun, Mexico with her own daughter Ashley and her mother Connie, who had lung cancer, Connie became ill and suffered a seizure in the parking lot of the hotel.

Connie was transported to Ameri-Med Hospital in Cancun where Jacqueline presented her mother's Blue Cross Blue Shield (BCBS) insurance card but was refused admission until she could pay $5,000, the complaint states.  The complaint then states that the family raised $2,500 and the hopsital settled for that amount.

According to the complaint, the following then occurred:

- Connie's condition worsened and she developed pneumonia and lost lucidity.
- The family was unable to locate hospital personnel when it needed assistance, construction workers walked in and out of the room regularly, staff did not was their hands between seeing patients and the family was constantly threatened with removal of Connie to a state hospital upon expiration of her insurance benefits.
- The family was told to watch Connie because the medication she was on could cause her to swallow her tongue.  Connie's condition worsened to the point that she needed to be on a ventilator.
- BCBS informed the family that Connie only had a $50,000 lifetime benefit outside of the U.S.
- Ameri-Med consistently asked the family to provide more money to keep Connie there or risk transferring her to a state hospital, which they were told would not be in her best interests.
- For ten days, the family contacted BCBS and requested that Connie be transported back to the United States for proper treatment of her condition.  BCBS refused on each occasion.
- On February 23, 2008, Jacqueline Shenberger, through credit cards and family loans, raised $18,000 to transfer her mother back to the U.S. via Med Jets Now.

Continue reading after the jump, including a copy of the complaint.

Follow me on Twitter @jenfernicola.

When Connie was back in the U.S., she was removed from the ventilator and able to eat, drink and speak but later died on March 19, 2008. 

The complaint includes a survival action, as well as causes of action for breach of contract, negligent infliction of emotional distress and breach of implied duty to deal in good faith.

 

 


1 14 10 Shenberger v Blue Cross -

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1 Comment

scamola said:

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As long as they were vacationing they should not have a problem winning. If the mother was in Mexico getting some unorthodox cancer treatment there SOL!

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