Death Due to Toxic Drug Interaction and Medical Malpractice

Our client’s daughter died while she was an inpatient at a drug rehabilitation center due to the toxic effect of combining prescriptions for an anti-depressant with methadone which were both administered by the facility. The treating physicians should never have combined these 2 medications since they have a known toxic reaction.

The father’s claim for benefits under his accidental death policy with Life Insurance Company of North America (LINA) however was denied under an exclusion for death resulting from an illness or the treatment thereof. The father lived in Palmdale California and found the Law Offices of Stennett & Casino through a web search. Since we had handled several cases with similar issues he felt we were the right fit for his claim against the insurance carrier.

After filing an administrative appeal on the father’s behalf and then filing suit in the Los Angeles Federal District Court LINA (a subsidiary of CIGNA) continued to deny coverage. It wasn’t until Stennett & Casino filed a motion for judgment asking the court to confirm our interpretation of the policy that the insurer finally relented and paid under the policy.

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