Liberty Mutual's Intentional Refusal to Approve a Medically Necessary Lung Transplant Leads to a Civil Lawsuit

TAMPA - PALM BEACH GARDENS, FLA. - Colleen Steadman of Tampa is not a well woman today, but perhaps is relieved that a judge has ruled that her civil case against Liberty Mutual Insurance Company will go forward and she will have the ability to obtain a full measure of justice against the insurance carrier.

Ms. Steadman worked as a respiratory therapist at Peninsula Medical Center in Ormond Beach. She had suffered from Cystic Fibrosis, though the disease was under control and being managed by medication and treatment. While caring for a patient with Methicillin-resistant Staphylococcus Aureus (MRSA), the patient vomited on Ms. Steadman. Ms. Steadman later contracted the disease and doctors determined that a double lung transplant was medically necessary to save Ms. Steadman's life.

Liberty Mutual, Ms. Steadman's workers' compensation carrier, delayed authorizing the double lung transplant for over nine months. This delay occurred despite treating doctors deeming the surgery to be medically necessary. In fact, a treating doctor testified under oath that if Ms. Steadman did not have the lung transplant surgery quickly she would be dead within 12 months. Liberty Mutual, knowing the time sensitive nature of the surgery, constantly delayed the authorization of the life-saving care. As a result, Ms. Steadman was forced to obtain a court order from the workers' compensation judge ordering Liberty Mutual to authorize the surgery. Still, despite the judge's ruling, Liberty Mutual refused to authorize the surgery all the time knowing that the more it could delay the surgery, the greater the chance that Ms. Steadman would die.

"The company intentionally delayed authorizing the double lung transplant in the hopes that the longer they delayed, the greater the chance Ms. Steadman would die and, thus, they would not need to pay for the surgery. They inflicted severe pain, suffering, and emotional distress on Ms. Steadman," said Ted Leopold, managing partner in the Palm Beach Gardens-based law firm of Ricci~Leopold that represents Colleen Steadman.

"Colleen Steadman has suffered at the hands of Liberty Mutual and now she will have her day in court. On behalf of Colleen and all consumers it is important to send a message to Liberty Mutual and all insurance carriers that this cruel behavior, bad faith and delay in approving medically necessary care won't be tolerated any more. Liberty Mutual totally ignored a court order and obviously wanted to wait for Colleen Steadman to die rather than to authorize life- saving surgery. Liberty Mutual, instead of approving the surgery, decided to mentally torture a bright, hard-working woman who was entitled to medical care," said Leopold.

The case will be heard in Hillsborough County Circuit Court.

Ted Leopold is a senior partner in the law firm of Ricci~Leopold, P.A. As consumer justice advocates, the attorneys at Ricci~Leopold pursue justice for those who are harmed by the misconduct of insurance companies and corporations. The firm, founded in 1982, has six attorneys and is headquartered in Palm Beach Gardens, Florida, with offices located at 2925 PGA Blvd. Mr. Leopold can be contacted at (561) 684-6500. Additional information about Ricci~Leopold, P.A. may be obtained from the firm's website at http://www.riccilaw.com/