The following cases illustrate some of the Perry Law P.C.’s Insurance Industry Group’s experience in handling Medical Database and Other Computer Software matters:


Case Summary

Georgia Hensley, et al. v. Computer Sciences Corporation, et al.; No. 2005-59-3; Circuit Court of Miller County, Arkansas. Lead counsel. This was a putative nationwide class action against hundreds of U.S. insurers and the manufacturers of certain software products (Colossus, Claims Outcome Advisor, or ClaimIQ/InjuryIQ), where the plaintiffs/insureds alleged the insurers’ use of such claims software to adjust UM/UIM bodily injury claims was improper and illegal. The plaintiffs alleged the use of such software was an industry-wide conspiracy to improperly undervalue UM/UIM claims The case was ultimately resolved in a series of settlements.

Case Result

Ms. Perry’s defendant settled individually separately from the class action


Case Summary

Johnson, No. 1:06-cv-408, U.S. District Court, Delaware. Lead counsel.

Case Result

Third Circuit Court of Appeals affirmed decertification of class. Case dismissed


Case Summary

Cecil Noah and Beth Noah, Civil Action No. SA00CA0018HG, U.S. District Court, Western District of Texas, San Antonio Division. Lead counsel. This putative class action sought to certify a class of policyholders and/or medical providers who had submitted medical bills under a claim for PIP insurance which had allegedly been reduced or denied through the improper use of medical bill review software Case dismissed after summary judgment granted in favor of the client.

Case Result

Dismissed


Case Summary

Jon P. Patterson, D.C. and Jon P. Patterson, D.C., P.C., d/b/a Patterson Chiropractic Clinic, individually and on behalf of all others similarly situated, Cause No. C-2673-99-F, 332nd Judicial District Court, Hidalgo County, Texas. Lead counsel. This putative class action was brought by medical providers who alleged that their patients’ bills (PIP insureds) were allegedly improperly reduced or paid by the carrier who allegedly improperly utilized medical bill review software. The plaintiff also brought claims on behalf of a class consisting of patients (the insureds).

Case Result

After 10 years, the 13th Court of Appeals overturned original court’s class certification


Case Summary

Orlando Galindo, Cause No. 02-5990, 28th Judicial District Court of Nueces County, Texas. Lead counsel. This putative class action was brought by two policyholder insureds and a medical provider, who alleged the carrier improper utilized medical bill review software in its evaluation of PIP claims.

Case Result

Dismissed


Case Summary

Emerson M.F. Jou, M.D., and as to some claims, on Behalf of the Class of Others Similarly Situated, Cause No. 02-1-1603-07 GWBC Circuit Court of the First Circuit, State of Hawaii. National counsel. Proposed class action brought by physician alleging auto insurer failed to properly pay PIP benefits. Case dismissed after summary judgment granted in favor of the client.

Case Result

Dismissed