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Volume 342:280-284 January 27, 2000 Number 4
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The Problems with Punitive Damages in Lawsuits against Managed-Care Organizations

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Five years ago, a jury in southern California awarded $89 million to the estate of Nelene Fox because her insurer, Health Net, did not approve treatment with autologous bone marrow transplantation and high-dose chemotherapy for breast cancer. Nearly 90 percent of the amount awarded ($77 million) consisted of "punitive damages" — a special supplement to the award designed to punish the defendant. Fox v. Health Net made headlines as an example of the kind of retribution that managed-care organizations could face for withholding medical care.1 However, its effect was limited, in part because the case was later settled during an . . . [Full Text of this Article]

The Role of Punitive Damages

Changes in the Law Concerning Liability of Managed-Care Organizations

Could Punitive Damages Snowball in Cases against Managed-Care Companies?

Potential Consequences

References


Related Letters:

The Problems with Punitive Damages in Lawsuits against Managed-Care Organizations
Frankford D. M., Rosenbaum S., Rosenblatt R. E., Bystryn J.-C., Kovner V. L., Kapp M. B., Studdert D. M., Brennan T. A.
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N Engl J Med 2000; 342:1756-1758, Jun 8, 2000. Correspondence

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