A Lawsuit on Behalf of Lyme Disease Patients


This page will report on developments in Torrey et al v. Infectious Diseases Society of America et al, a lawsuit filed in 2017 on behalf of Lyme disease patients who say they have been denied care and harmed under existing insurance and medical protocols. The litigation is proceeding in U.S. District Court in Texarkana, Texas. Read Mary Beth's Huffington Post article on the lawsuit, which has been filed against the IDSA, six physician researchers and eight insurance companies.

A copy of the lawsuit can be accessed here.

 
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Articles on Torrey et al:

 

 
 
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A group of sick and disabled Lyme disease patients is hoping to boost its claim, in an amended lawsuit filed in Texas federal court, that a cadre of doctors conspired for two decades to deny them care.

The revised complaint was almost immediately met with a motion to throw it out. The lawsuit fails, the motion said, to show a concerted and concealed conspiracy, and, moreover, “deletes key allegations that undergirded” its initial fraud claim.

Indeed, the revised lawsuit no longer asserts that “large sums” of money passed from insurance companies to physicians in the scheme to limit Lyme treatment to 28 days of antibiotics....

CONTINUE THE ARTICLE HERE 

 

MARCH 21, 2019: LYMEDISEASE.ORG 

IDSA lawsuit: Patients may have to undergo independent medical exams

By Mary Beth Pfeiffer

Patients who are suing over alleged denial of care for long-standing Lyme disease may have to submit to medical examination to prove their conditions, a federal judge ruled in a hearing in Texarkana, Texas, federal court. The ruling hits on a pivotal issue in the potentially groundbreaking case in which 25 living patients and the families of three who have died claim the Infectious Diseases Society of America and six physician-researchers conspired with eight insurance companies to limit Lyme disease treatment. 

CONTINUE THE ARTICLE HERE

 

Feb. 25, 2019: LYMEDISEASE.ORG

Patient lawsuit against IDSA and insurers moves forward in Texas

By Mary Beth Pfeiffer

A federal lawsuit that may just validate the pain of thousands of Lyme disease patients – and the flaws in prevailing tests and treatments — is moving ahead in a Texas courthouse, despite attempts to kill it.

The lawsuit’s progress is a big development in the decades-old struggle of patients whose post-treatment conditions – involving myriad neurological, cognitive, musculoskeletal, and cardiac symptoms — have long been misdiagnosed and minimized. Patients have hence had to seek out-of-pocket treatment from physicians who risk their licenses providing it.

The suit, Torrey v. Infectious Diseases Society of America et al, aims to change that, and, make no mistake, is a serious challenge to the Lyme status quo (see my article from 2017). ...


continue the article here

 

Dec. 7, 2017: HUFFINGTON POST

10 points about suing the architects of Lyme policy-as a task force meets to review it

BY Mary Beth Pfeiffer

For nearly a generation, a small group of physician-researchers has directed how Lyme disease is diagnosed and treated in the United States, Europe and, as the disease spreads, Canada and Australia too. As a result, US insurance companies routinely refuse to pay for antibiotic treatments longer than 28 days. Doctors have been punished for prescribing them. Patients have been told their lingering problems are psychological or they have other sickness.

Now, a lawsuit asserts that the design and implementation of Lyme disease care–as outlined in the treatment guidelines of the Infectious Diseases Society of America—is rooted in corruption. It asserts that key architects of Lyme policy, naming seven physician-researchers, took money from and worked with insurers to develop guidelines that allowed claims to be denied. The conspiracy involved efforts to belittle the legitimate complaints of patients, the suit asserts, and to stifle competition from doctors who did not follow the IDSA guidelines, which the suit terms “a predatory device.” ...

Continue the article here

Read the court filings

 

 

Feb. 10, 2020: Court upholds claims under RICO, against doctor defendants

Feb. 7, 2020: Defendants motion for MD for medical exams

Feb. 7, 2020: CV of proposed doctor to do IMEs

Feb. 7, 2020: Emails between parties, Torrey et al objects to IME MD

Feb. 5, 2020: Short transcript of scheduling hearing

Feb. 4, 2020: Notice of proposed settlement of Cigna Health and Life Insurance Company

Jan. 31, 2020: Joint proposed schedule for proceedings

Jan. 30, 2020: Notice of settlement of BCBS of Texas

Nov. 26, 2019: Mediation suspended with IDSA, 6 doctors and 7 insurers

Nov. 26, 2019: Settlement reached with Kaiser Permenente

Aug. 22, 2019: Emergency hearing to compel discovery; short summary

July 17, 2019: Hearing summary, court drafting order for plaintiffs’ medical exams

June 25, 2019: Hearing on motion to dismiss set for July 10, 2019

June 6, 2019: Joint motion on issue of discovery

May 30, 2019: New trial date set for Feb. 24, 2020

May 22, 2019: Plaintiffs response on defendants choice of independent physician for examinations

May 22, 2019: Plaintiffs proposal by Dr Elizabeth Maloney proposal on medical exams (Exhibit A)

May 22, 2019: Transcript of March 11, 2019 hearing, status of motions (Exhibit B)

May 17, 2019: IDSA response on IMEs

May 17, 2019: Exhibit A: Declaration of Dina N. Torten, M.D.

May 17, 2019: Exhibit B: Plaintiff’s Expert Designation

May 17, 2019: Exhibit C: Email on IME Filed

May 10, 2019: Judge’s orders

May 01, 2019: IDSA reply

April 26, 2019: Amended lawsuit

April 26, 2019: Exhibit A in support of amended lawsuit

April 26, 2019: Exhibit B in support of amended lawsuit

April 23, 2019: Torrey response

April 10, 2019: Defendants motion to dismiss amended lawsuit

March 11, 2019: Summary of hearing

March 11, 2019: Defendants answer to RICO extension

March 11, 2019: Defendants request for patient depositions

March 11, 2019: Doctor Defendants Motion to Dismiss

March 5, 2019: Withdrawal of motion for e-mails from plaintiffs

March 4, 2019: Pre-hearing report by parties

Feb. 28,  2019: Defendants additional support for second motion to dismiss

Feb. 28, 2019: Response by Torrey plaintiffs to defendants' motion for medical examinations

Feb. 21, 2019: Response by Torrey plaintiffs to second motion to dismiss

Feb. 14, 2019: Motion by IDSA et al defendants seeking medical examinations of Lyme patients

Sep. 27, 2018: Decision on IDSA et al Motion to Dismiss (upholding most of the Torrey assertions)

Nov. 10, 2017: The Lawsuit: Torrey v. IDSA et al