Watts v. Organogenesis, Inc.
30 F.Supp.2d 101
D.Mass.,1998.
Dec. 7, 1998.
Quadriplegic insured who suffered from severe autonomic dysreflexia causing attacks of high blood pressure brought action against employee welfare benefit plan, former employer, and claims administrator to recover cost of nursing care at home for sixteen hours per day. Health insurer was brought into the action as third-party defendant. Insured moved for preliminary injunction. The District Court, Lasker, J., held that: (1) insured's failure to exhaust her administrative remedies was excused; (2) evidence established medical necessity of the nurse's care; (3) plan did not exclude coverage for nurse's care; and (4) insured was entitled to preliminary injunction.
Motion granted.
Gregory R. Shaw, Brister & Zandrow, Boston, MA, Leonard F. Zandrow, John W. Brister, Brister & Zandrow, LLP, Boston, MA, Plaintiff.
