Sometimes, there is a god. And sometimes, there is justice. Like the case of then-17-year-old college student Jerome Mitchell whose insurance company canceled his policy after he tested positive for HIV after donating blood. Murray Waas writes: "The South Carolina Supreme Court has ordered an insurance company to pay $10 million [dropped from a lower court's $15 million ruling] for wrongly revoking the insurance policy of a 17-year-old college student after he tested positive for HIV. The court called the 2002 decision by the insurance company 'reprehensible.' That appears to be the most an insurance company has ever been ordered to pay in a case involving the practice known as rescission, in which insurance companies retroactively cancel coverage for policyholders based on alleged misstatements – sometimes right after diagnoses of life-threatening diseases. … Mitchell learned that he had HIV when, while heading to college, he donated blood. Fortis then rescinded his coverage, citing what turned out to be an erroneous note from a nurse in his medical records that indicated that he might have been diagnosed prior to his obtaining his insurance policy. Before the cancellation of the policy, an underwriter working for Fortis wrote to a committee considering whether or not to rescind his policy: 'Technically, we do not have the results of the HIV tests. This is the only entry in the medical records regarding HIV status. Is it sufficient?' The underwriter's concerns were ignored and the rescission went forward."
Insurance companies' are the death panels American should be worrying about.
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I heard about this earlier this morning. That HIV Boy is LUCKY! 10 million? I wish I had HIV… well not really, but WOW!!! TEN MILLION DOLLARS! WHOO!
This is why Republicans want tort reform so bad. Can't have them faggots wining law suits when they decide to kill us.
@Lloyd Baltazar:
I know its a joke that you were making, however it is a very distasteful one. Please try to refrain from those comments in the future. I've had MANY friends including my little brother who passed away from Aids. I would never want that disease for anyone for any amount of money…PERIOD!
Ending rant now.
@Lloyd Baltazar:
I wish you had HIV, too.
I bet lots of people do.
wow? I'm sure he won't get that. Won't the company do many repeals? And I'm glad he won but 10 mil, that's pretty high. No?
I think Lloyd Baltazar is cynically putting voice to a problem: too many people, especially young people, no longer realize (or never really did) that HIV still means the eventual untimely and frequently unpleasant (esp. vis-a-vis cancer) death of those who have it. Even with the drugs that are available now, and the advances in research, the center ultimately cannot hold. The drugs themselves come with some serious and nasty consequences for a lot of people. Wishing HIV on oneself or anyone else, even in jest, is reprehensible.
As for Mr. Mitchell, I wish him the longest life possible and commend him on having the fortitude to take on an insurer so stalwartly. Great job!
@scott ny'er: The only appeal beyond a state supreme court is the SCOTUS, and there would have to be some error in procedure to get review on that level here. Fortis is screwed.
@Chuck This is NOT a Tort. I tort requires some type of physical action. This was a contractual action based upon a decision regarding coverage. Tort reform is a GOOD thing for doctors. Insurance companies that "knowingly" make such cold-hearted decisions should be liable. But a doctor trying to save a patient but makes a mistake is in a whole other category. Just to keep the record straight.
17? sad
@Lloyd Baltazar: Your attitude is repulsive on multitudinous levels.
This kid got everything he deserves and more. I'm thrilled for him, his health care should be taken care of for years. I can only hope that this story gets to the major media and serves as a lesson for corrupt insurers.
No, Alleyne, that's actually incorrect: While you're right that too many people — especially young people — fail to understand the seriousness of HIV, to say that "HIV still means the eventual untimely and frequently unpleasant (esp. vis-a-vis cancer) death of those who have it" is just plain wrong.
In fact, what most reputable HIV doctors tell their positive patients nowadays is that if they follow their drug regimens properly, lead a healthy lifestyle (i.e. work out, eat right, don't smoke) and get their numbers checked regularly, they can expect to live a normal life span.
Nor do most of the newer HIV drugs come with the "serious and nasty consequences" you mention.
Being responsible and educated about HIV means knowing the facts and making good choices. It also means not whipping up needless hysteria and acting like we're exactly where we were 25 years ago with this disease. We're not.
Awesome. This is going to serve as a shot across the bow to unscrupulous insurers. I hope the money helps him stay healthy and live a long life.
For those of you who think $10M is a bit high:
How high is enough to convince Fortis to think twice about rescinding coverage?
I think $10M is probably too low by an order of magnitude.
@Alleyne: Cool. I'm glad they're screwed. Thanks for the info.
I still think 10 mil is too high but I'm not a lawyer/law student. I used to think the McDonald's hot coffee lawsuit was a ridiculous one but then a lawyer pointed out why it was a good lawsuit. So, maybe I'm not seeing the bigger points in this argument.