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Insurer's U-turn too late to save life of transplant teenager

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  • Insurer's U-turn too late to save life of transplant teenager

    Insurer's U-turn too late to save life of transplant teenager


    · Lawyer wants company to be charged with murder
    · Death inflames debate over US healthcare system

    Ed Pilkington in New York
    Saturday December 22, 2007
    The Guardian


    The family of a California teenager plan to sue her health insurer
    which refused to pay for a liver transplant until hours before and she
    died on Thursday night.
    Her family's lawyer, Mark Geragos, will ask the Los Angeles district
    attorney to press murder or manslaughter charges against Cigna
    HealthCare, arguing that the firm "maliciously killed" Nataline
    Sarkisyan by its reluctance to pay for her treatment. The company
    reversed its stance after protesters called for a rethink, but the
    decision came too late.

    The 17-year-old from Glendale, California, had been in a coma for weeks
    after complications following a bone marrow transplant to counter
    leukaemia.
    After the operation, her liver failed and doctors referred her for an
    emergency transplant. Although she was fully insured and had a matching
    donor, Cigna refused to pay on the grounds that her healthcare plan
    "does not cover experimental, investigational and unproven services".

    Cigna's rejection on December 11 led Sarkisyan's doctors at UCLA
    medical centre, including the head of its transplant unit, to write a
    letter to protest that the treatment which they proposed was neither
    experimental nor unproven. They called on the firm to urgently review
    its decision.

    In the absence of a response from Cigna, doctors told the Sarkisyan
    family that the only alternative would be for the family to pay. But
    they could not afford the immediate down payment of $75,000 (£38,000).

    The family, backed by nurses, relatives and Sarkisyan's friends,
    mounted a protest of 150 people outside Cigna's Glendale offices.
    "Cigna cannot decide who is going to live and who is going to die," the
    teenager's mother, Hilda Sarkisyan, told the crowd.

    The demo was amplified by an internet campaign orchestrated by the
    liberal Daily Kos website and other blogs that bombarded Cigna's HQ in
    Philadephia. In the middle of the rally, a note was handed to Mrs
    Sarkisyan saying that Cigna had decided to reverse its decision.

    "Cigna HealthCare has decided to make an exception in this rare and
    unusual case and we will provide coverage should she proceed with the
    requested liver transplant," it said in a statement.

    The news drew cheers from the crowd, but they quickly grew sombre when
    they heard Sarkisyan's condition had deteriorated. A few hours later,
    her life support was switched off.

    "She passed away, and the insurance [company] is responsible for this,"
    Mrs Sarkisyan told the Los Angeles Daily News.

    "Why did it take public humiliation for a multibillion-dollar insurance
    company to force them to provide appropriate medical care?" asked
    Charles Idelson of the California Nurses Association.

    "This is what's wrong with our health system - insurers decide
    treatment, not doctors."

    The protests over Sarkisyan's case point to growing public
    disenchantment with the healthcare system in America.

    Politicians vying to be the Democratic candidate for the presidential
    race next year have prepared plans for reform to bring the 47 million
    uninsured Americans into the healthcare net, and to improve terms for
    those already insured like Sarkisyan.

    The subject was given an added boost this summer by Michael Moore's
    documentary on the state of the American health service, Sicko.

    Moore refers to the case of Sarkisyan on his website, under the simple
    banner: "Justice delayed is justice denied."

    Following the teenager's death, Cigna issued another statement
    yesterday.

    "Their loss is immeasurable, and our thoughts and prayers are with
    them," it said. "We deeply hope that the outpouring of concern, care
    and love that are being expressed for Nataline's family help them at
    this time."

    The company recently posted figures for its third-quarter performance
    this year, which showed profits up 22%. Next year it expects to earn an
    income of up to $1.2bn.
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