Tragic Accident Costs Young Man More Then He Can Afford

Does your healthcare provider have your best interests in mind?

Imagine that you suffer a catastrophic accident. Your life is changed forever. You believe that you have the proper health coverage to help you, but instead find out it may not be enough to cover things for the rest of your life. What would you do?

24-year old John Meagher is facing this harsh reality now.

Last year, before October 28th, John was a regular guy, an auto mechanic, just riding his motorcycle one day.

"I was coming home from work. I got about three blocks from my job and somebody was coming in the opposite direction and they turned in front of me and I hit 'em head on".

John shattered his T-4 and T-5 vertebrae. He is now paralyzed from the chest down.
Metal rods had to be surgically implanted into his back for stability, so he can lift himself in and out of his wheelchair. He only has the use of his arms.

The driver who hit John has a $500,000 dollar policy and no other assets. However, before John can collect anything, he has to sign the rights to that $500,000 over to the trustees of his healthcare package.

John Meagher has an attorney, Richard Kenny, who is representing him pro-bono, which means free of charge. He contacted Help Me Howard to explain John's situation.

"John will require life long care for the remainder of his life. But essentionally what we're doing here, is I become the lawyer for the union. I'm collecting money from the party who's responsible for John's accident and injuries and then handing that money over to the union".

Kenny says John's health plan, which is run by a Board of Trustees and members of UAW, are not providing John with any long-term benefits, other then $1,000 per month. Which isn't much considering what this young man is facing for the rest of his life.

"They simply are insisting that he sign the subjugation agreement and by virtue of signing the subjugation, we are assigning all his rights to the union. They could take the entire $500,000 and leave him nothing.

But the trustees of the plan say John must sign over the money he would receive from the driver's insurance policy. That is the 3rd party policy of the benefits plan.
This is the employee retirement income security act, also known as ERISA.

When Howard contacted the attorneys for the provider, they had this to say:

"We would have preferred that the attorney for the participant continue the dialogue we were having instead of bringing in third parties. As we indicated, the fund stands ready to pay the covered benefits immediately upon the participant's compliance with the plan's rules."

So what does John's attorney, Richard Kenny think should be done?

"I believe a fair allocation would be for them to pay the current medical bills and then to take $250,000 back in re-imbursement. Then take the other $250,000 that is available and put it in a trust for John."

John is still dealing with the surprises in his healthcare plan.

"I can't believe the whole situation. I never made any kind of claim or anything and this is the first situation I've had to deal with it. Now come to find out I'm not being covered the way I thought I was".

This is why it is so important for you to thoroughly read your entire benefits package, before you sign it.

If you would like to help John, go to the John Meagher Special Needs Trust. Com to make a donation.