Beating victim Bryan Stow is again suing the Dodgers, alleging the team, two insurers and the San Francisco Giants fan’s former employer conspired to deprive him of adequate medical care.
Stow filed the lawsuit Monday in Los Angeles Superior Court against the National League franchise, Anthem Blue Cross, ACE Casualty & Property Insurance and American Medical Response Inc., where Stow worked before he was hurt. The suit alleges contract violations, fraud, breach of fiduciary duty, unjust enrichment and a violation of the state Business and Professions Code.
ACE provided insurance for the Dodgers and Anthem was Stow’s insurer.
The suit alleges the team and ACE are fraudulently trying to recover $3.4 million from the plaintiff regarding his health care.
Representatives of Anthem and the Dodgers could not be immediately reached.
Stow suffered a traumatic brain injury after being beaten by two Dodger fans in a parking lot of Dodger Stadium on March 31, 2011. Earlier this year a jury awarded him roughly $18 million in his first lawsuit against the team.
According to the new complaint, Stow, now 45, was admitted to a Bakersfield medical facility in March 2012, where he received 24-hour care as well as physical, occupational and speech therapy. However, 13 months later Anthem refused to pay for any more treatment at the facility and Stow’s family had to remove him, the suit states.
Anthem sharply reduced the amount of therapy Stow could receive annually and he regressed as a result, the suit states. Stow alleges the action was in bad faith and was a violation of his Anthem policy.
The suit also alleges that a $3.4 million lien Anthem had in connection with Stow’s treatment was purchased by the Dodgers through ACE from American Medical Response for $1.8 million. Anthem did not tell Stow the lien was sold, according to the lawsuit.
“Even though the Los Angeles Dodgers LLC via ACE purchased the lien for $1.8 million, defendants seek credit from plaintiff for $3.4 million,” the suit states. “Further, defendants now seek to make a profit from plaintiff’s medical condition even though the lien was satisfied for $1.8 million.”
— City News Service
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