Wednesday, November 02, 2011

Conahan v. Sebelius (9th Cir. - Nov. 1, 2011)

Gaye Glazer is diagnosed with liver cancer.  Glazer wants surgery, but Kaiser doesn't want to pay for it, and Kaiser's Tumor Board instead suggests that Glazer undergo chemo.  Which is cheaper, and which the Tumor Board prefers because surgery might leave Glazer with too little liver to survive.

But it's Glazer's life.  She has the surgery.  Which removes seventy percent of her liver.  She files a lawsuit to have Kaiser cover her costs.  She loses below.  She lives almost five years after the surgery.

And dies eight months before the Ninth Circuit affirms Kaiser's denial of coverage.

Kaiser:  Live; Work; Thrive.  But don't expect us to pay for it.