Million Dollar Settlement In Pots Case

[Lenna]

I thought some of you might find this interesting. This case was written up in Massachusetts Lawyer's Weekly, September 30, 2013, page 6. I'm providing the link but I don't know if that will work, so I've also cut&paste the article. Sorry that it's not in the easiest format to read. What do you suppose the medication was?

http://www.pageturnpro.com/Publications/201309/290/17516/pdf/130247014691290955_MLW%20093013_web.pdf

Handicapped student sues college over meds, shots

$1 million settlement

The plaintiff was a 29-year-old female who had
completed an outstanding academic career at
Oxford University in England, obtaining her
master’s degree in Celtic language and literature.
In 2010, she was awarded a scholarship at a
prestigious Massachusetts university based on
outstanding academic performance, strength of
character and potential for leadership in the field.
The plaintiff had informed the local university
of her various medical conditions that qualified
her as a handicapped student. Specifically,
she suffered from Postural Orthostatic
Tachycardia Syndrome, or POTS, a malfunction
of the autonomic nervous system that causes
rapid heart weakness, fatigue and a severe
drop in blood pressure. Sudden fainting spells,
migraines and fibromyalgia, among other afflictions,
are also associated with the disorder.
The school advised her that student health
care coverage would pay for her medication
and for administration of the medication,
which costs $2,000 per injection. Later, the university
reversed its decision. After several communications,
the plaintiff was forced to obtain
the medication on her own in England; however,
she continued to ask for assistance with
the administration of the medication.
In response, the university and its physicians,
who were employees of the Student Health
Care Clinic, advised the plaintiff that they were
not able to help her with the administration of
the medication but offered to train one of her
friends, who was not a health care provider.
The plaintiff subsequently used Skype to
consult with her cardiologist in Great Britain
in an attempt to administer the medication
herself. She failed and, within days, collapsed
in an MBTA subway station. She was taken to
a Boston hospital, where she was admitted and
remained hospitalized for five weeks.
Unable to return to her academic studies,
the plaintiff was transported by medical flight
to Great Britain, where she was re-hospitalized
for another two weeks. Thereafter, she remained
under the care of multiple medical
providers, including mental health workers
who were able to stabilize her condition.
Plaintiff’s counsel discovered that there was a
provision in the student health care plan that
specifically covered the plaintiff’s medication and
its administration. That contradicted a statement
made by the university’s medical services chief,
who at one point visited the plaintiff in the hospital
and advised her that the university and insurance provider had “changed their policies”
and would be able to provide payment and administration
of the medication in the future.
As a consequence of the university’s conduct,
the plaintiff suffered a significant setback
in her condition, as well as her academic and
professional achievement. She lost the opportunity
to complete her fellowship. However,
once her condition was stabilized, she was able
to complete her education at Oxford.
The plaintiff filed suit against the university and
several of its individual representatives, alleging
discrimination, retaliation, violation of Title III
of the Americans with Disabilities Act, violation
of Section 504 of the Rehabilitation Act of 1973,
breach of contract, retaliation, and breach of
covenant of good faith and fair dealing.
The defendants presented evidence of reasonable
efforts to meet the plaintiff’s requests
for reasonable accommodations, questioned
whether the provision of medication fell within
the realm of a reasonable accommodation,
and presented causation issues related to numerous
prior flare-ups of the plaintiff’s medical
condition in Great Britain.

Action: Civil rights
Injuries alleged: Discrimination, resulting in
setback of medical condition
Case name: Withheld
Court/case no.:Withheld
Jury and/or judge: N/A (settled)
Amount: $1 million
Date: June 12, 2013
Attorney: David P. Angueira of Swartz&
Swartz, Boston (for the plaintiff)

[sue1234]

I would guess the med was the Ocreotide injection.

To be honest, I don't know if I could travel out of my little "circle of comfort", meaning my home, doctors, etc., because everything with POTS is unpredictable. I personally would not go live in a place that did not have a knowledge of POTS and expect that they could take care of my complex and expensive condition. That's just my opinion.

[Katybug]

Otreocide, IVIg, plasmapheresis, anti-TNF meds are all injectables that could be the drug she needed depending on what her underlying cause is. They would all fall in that price range. I am somewhat flabbergasted that the medical people would suggest to her that they would teach a non medically trained person to administer any one of these drugs. Any of, these biologic injectables run the risk of anaphylactic shock. When I receive my Xolair I have to stay in the office for some time in case I react to it.

[yogini]

Interesting. I am guessing this person is or was a member of our forum. Good for her!

[HopeSprings]

I'm confused. Universities will cover the the cost of medications and administration for their students? Anyway, sounds like this was their policy which she was counting on to get through school and then they breached their policy and left her in a vulnerable & horrible position. Good for her on the win of this case!

[Lethargic Smiles]

Naomi, some universities provide insurance to their full-time students in the US, maybe it is something similar to that?

[Zap]

Some universities require medical coverage to be enrolled as a traditional full-time student. If you don't have coverage from a parent then you are forced to purchase their insurance plan. It may be that she was required to have this plan and was told it would cover her medication (which she most likely - prudently - asked before enrolling).

[HopeSprings]

Interesting, Jacki and Zap - didn't know that.

[Lethargic Smiles]

I know we're getting sort of off topic, but I just wanted to throw in that during college, the school insurance was secondary to my parents. I had no medical bills at all throughout college despite all kinds of testing and surgery. I feel it is the least they can do for how much a 4 year degree costs!!

[RichGotsPots]

Since she theoretically could inject herself with the med it's not ivig or plasma, its more likely a blood volume expander like hemocrit or Octreotide. I think they cost around that much each injection.

Is $1 million what she was filing for or was it the amount she won or both?

[RichGotsPots]

Here is another link but you need a subscription to see the full case http://masslawyersweekly.com/2013/09/25/college-denies-handicapped-student-medical-coverage/

[RichGotsPots]

Never mind I see it says settled for $1 mill wow