Anderson Kill & Olick Announces New Class Action Suit Seeks Insurance Coverage for Viagra; Complaint Against Humana.HILLSBOROUGH, Florida--(BW HealthWire)--August 6, 1998--Anderson Kill & Olick announces that a new plaintiff has come forward to file suit against a health insurance provider denying coverage for Viagra prescriptions. Philip Lentini, 46, of Spring Hill, Florida Spring Hill is a census-designated place (CDP) in Hernando County, Florida, United States. The population was 69,078 at the 2000 census, and was estimated to be 85,894 in 2005 by the American Community Survey. , has filed suit against Humana, Inc., for declaratory relief declaratory relief n. a judge's determination (called a "declaratory judgment") of the parties' rights under a contract or a statute often requested (prayed) for information in a lawsuit over a contract. and damages resulting from the wrongful denial of coverage for Viagra. The suit, which seeks class action status, is on behalf of all Humana patients diagnosed with impotence impotence (im`pətəns), inhibited sexual excitement in a man during sexual activity that, despite an unaffected desire for sex, results in inability to attain or maintain a penile erection. and denied coverage for Viagra by Humana. It was filed in the 13th Judicial Circuit Court, Hillsborough, FL. The suit was filed by Steven Cooper, a policyholders' attorney with New York-based Anderson Kill & Olick, P.C,. a firm specializing in insurance coverage litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . Serving as co-counsel for the plaintiffs are Philadelphia-based Kohn Swift & Graf P.C.; and San Francisco-based Lieff, Cabraser, Heimann & Bernstein, LLP LLP - Lower Layer Protocol -- the latter two firms known for class action litigation including caseson behalf of human rights victims. This past May, these three firms filed the nation's first suit on behalf of patients denied coverage for Viagra -- against Oxford Health Plans, in U.S. District Court, Eastern District of New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of . Anderson Kill is also assisting firms filing suits for Viagra coverage against Aetna/U.S. Healthcare, and Prudential Insurance Company of America. The suit against Humana, one of the nation's largest health insurance providers, comes in the wake of Humana's announcement this July that it would not cover any prescriptions for the anti-impotence wonderdrug. The suit also comes as Humana shareholders prepare to vote August 27 on a proposed merger with United Healthcare. Covered Under Policy Terms -- Mr. Lentini is an individual policyholder in the "Humana Gold Plus" Plan, which stipulates insurance coverage for "[m]edication that, under federal or state law, may be dispensed only by prescription ...[l]imited to a 30 day supply...[and that is] prescribed for the treatment of an injury or sickness." The policy provides that Human "will cover prescription drugs prescription drug Prescription medication Pharmacology An FDA-approved drug which must, by federal law or regulation, be dispensed only pursuant to a prescription–eg, finished dose form and active ingredients subject to the provisos of the Federal Food, Drug, prescribed by an affiliated physician or specialist that you receive from an affiliated pharmacy." Approved by the FDA FDA abbr. Food and Drug Administration FDA, n.pr See Food and Drug Administration. FDA, n.pr the abbreviation for the Food and Drug Administration. this March, "Viagra meets each of the requirements for insurance coverage under the Humana policies of Plaintiff Lentini and each member of the Class," according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the suit. Mr. Lentini's health plan provides a $1,000 yearly limit on prescription drug coverage, which he had not reached at the time he filled his Viagra prescription. Diagnosed five years ago with impotence, Mr. Lentini was prescribed 8 Viagra tablets by his physician in June. Humana refused to reimburse him. In July, Humana announced it would not provide any coverage for Viagra. Sticking to Policy Terms: "Mr. Lentini is not asking for any benefits that are not clearly provided for in the terms of his health insurance plan," said Mr. Cooper. "Its stated reservations about the safety and effectiveness of Viagra notwithstanding, Humana is plainly denying coverage the drug simply to maximize profits. Our mission is to hold the company to the terms of its own policies. Health insurers will be closely watching this case as they continue to avoid their contractual obligations to cover medically necessary medically necessary Managed care adjective Referring to a covered service or treatment that is absolutely necessary to protect and enhance the health status of a Pt, and could adversely affect the Pt's condition if omitted, in accordance with accepted prescription drugs -- as increasing numbers of new drugs come on the market." Anyone interested in obtaining more information can phone the toll-free hot line at 1-888-213-9516.
CONTACT: Press Contact:
Andrew Sprung, (212) 721-3495
Allan Ripp, (212) 721-7468
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