Autism Class Action Filed Against Blue Cross

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Autism Class Action Filed Against Blue Crosshttp://www.insurancenewsnet.com/article.asp?neid=200807011680.2_63ab001a1be5a815

Autism Class Action Filed Against Blue Cross

DETROIT, July 1

DETROIT, July 1 /PRNewswire/ -- The father of an autistic child has filed

a class action lawsuit against Blue Cross Blue Shield of Michigan, and it was

set for hearing by Judge in Federal Court. Mr. s alleges

that the insurer has wrongfully refused coverage for his child's therapy and

care. The suit alleges that Blue Cross is required to provide coverage for the

care under the terms of its policy, but that it has not done so in bad faith

and in violation of the federal ERISA statute.

The suit seeks certification of a class of people who have been refused

coverage by Blue Cross for their autistic children, as well as damages and an

injunction requiring Blue Cross to provide coverage for the care in the

future. The plaintiff is represented by the law firms of J. Conway, P.C.

and Mantese and Rossman, P.C. Blue Cross apparently takes the position that

such care is experimental even though it is provided by such prestigious

facilities as Beaumont Hospital. The case was assigned to the Honorable

, in the Eastern District of Michigan, and Judge issued an order

yesterday, setting the matter for a hearing on August 21.

Attorney, J. Conway said, "The law is clear that this treatment is

not experimental, but is mainstream, scientifically validated, and being

provided by prestigious institutions such as Beaumont Hospital, and we look

forward to establishing this in a judicial forum through testimony and

affidavits of professionals in this arena." Conway referenced an expert's

affidavit already submitted to the court, which states, "Intensive behavioral

intervention for children with autism is the standard of care and is

appropriate for the therapeutic management of autism."

A motion to certify the class is pending and will be heard by the court on

August 21, 2008, at 3 p.m.

Issued by Legal Media, LLC

SOURCE Legal Media, LLC

CONTACT: J. Conway, Esq. of J. Conway, P.C., +1-, cell +1-; or Gerard Mantese, or Mark Rossman, both of Mantese and Rossman, P.C., +1-

Copyright © 2008 PR Newswire

DETROIT , July 1 /PRNewswire/ -- The father of an autistic child has filed a class action lawsuit against Blue Cross Blue Shield of Michigan , and it was set for hearing by Judge in Federal Court. Mr.

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