Hallelujah! Dean Cannon likes idea of settling Brody case (and who is ghost writing for The Shark Tank about this issue?)
Senate Rules Chairman John Thrasher, R-St. Augustine, implored attorneys last week to reach agreement about compensation for Eric Brody, who suffered debilitating injuries in a 1998 car accident with a Broward County sheriff’s deputy, reports the News Service of Florida.
With a lobbying battle looming about a Brody claims bill, House Speaker Dean Cannon, R-Winter Park, indicated Monday he also would like to see the issue settled.
“I think Sen. Thrasher’s a very wise man, and that’s good advice,” said Cannon, when asked about Thrasher’s comments.
Senate President Mike Haridopolos, R-Merritt Island, has made a priority of passing a claims bill that could lead to Brody receiving more than $15 million. But an insurer for the Broward sheriff’s office has successfully lobbied against such bills in the past and says it has offered to settle the matter for $8.5 million — an amount that the Brody family says will not be adequate to care for Eric Brody.
A Brody bill failed in the House during the chaotic final hours of the 2011 session. The Legislature will have to focus during the 2012 session on passing a budget and redistricting plans. But Cannon also noted that some House members philosophically oppose claims bills, which effectively waive sovereign-immunity protections for government agencies.
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On Friday, Shark Tanker Javier Manjarres wrote a post for his blog on this issue — an issue that speaks to the very humanity of the legislative process — so obviously ghost-written that I am surprised the crew from Travel Channel’s Ghost Adventures hasn’t contacted him. Regardless of its origin, Manjarres’ post must be rebutted point-by-point:
Manjarres writes that the “Sheriff Department’s insurance policy has offered an $8.5 million cash settlement with Mr. Brody, more than twice the amount of any similar injury-claim bill in Florida history.”
This is patently false. In 1996, a claims bill was passed for $22.1 million and in 2009, Marissa Amora, like Eric Brody, suffered a catastrophic brain injury and her claims bill passed for $18.2 million.
Manjarres then argues “it seems as if the $8.5 million is not enough, or at least not enough for the lawyers and lobbyists working the capital on this issue…”
$8.5 million is not enough to pay for Eric’s future care, much less the nearly $2 million he owes for past medical bills and liens. And the insurance company knows it. They’re own expert at trial, Mike Shanasarian, testified that Eric’s future care would cost as much as $7 million and even with that amount he would still be reliant on some government services.
When Eric was injured, his health insurance company hired Larry Forman, who is a rehabilitation expert to manage the cost of Eric’s care and develop a future care plan for him. Mr. Forman has met with all of Eric’s doctors and therapists and together they developed a life care plan for Eric designed to address all of his needs. The cost of that plan is $10.1 million, and the jury determined that Eric needed that plan funded.
So to be clear, if Eric were to accept $8.5 million, he would have to remain on Medicaid and he still wouldn’t have the care that his doctors have said he will need.
Continuing, The Shark Tank bites off far more than it can chew, attesting that:
…the insurance company’s proposed settlement of $8.5 million offers a complete life care plan that pays $12 million to Brody over his life, and includes a new house and a handicapped equipped car every 5 years, as well as health care and rehabilitation covering all aspects of his care. After paying for his life care plan, Eric Brody will have $5 million plus, assuming of course that the trial attorneys take their full $2.2 million from Brody’s award settlement. One might think that the trial lawyers would cut their fees down to a respectable amount to help Brody out a bit?
All of this sounds good if you know nothing about the case. The “life care plan” the insurance company is touting is an annuity that costs $3.4 million, not $12 million, and the plan has gaping holes in it. In fact, it is grossly insufficient.
The “new” house proposed isn’t new, and doesn’t exist for the price they quote it at, nor does it include any handicap modifications if he were to purchase a home. Nor does it include anything for maintenance, home owners insurance, property taxes, etc. The car “every five years” doesn’t include maintenance, tires, gas, oil, insurance, etc. The plan provides him with little medical care and therapy, and the costs of the care are unrealistically low. No one in South Florida is going to give Eric speech care for $45. Although Eric needs full time attendant care, the “plan” doesn’t provide for enough salary to hire anyone qualified nor does it provide 24 hour clock care. Instead, it counts on his parents to be available…forever, I guess.
Here is what his case manager said: “If the insurance company plans are the choice for Eric, there is no question he will deteriorate in the future.” He described the latest plan, touted by Manjarres, “to be grossly deficient.”
And if Eric were to accept $8.5 million, he would not have $5 million lying around. Saying so is absolutely insulting.
Eric has liens of about $2 million. The cost of the care the insurance company wants to force him to take is $3.4 million, and his fees and legal costs (which are nearly $1 million because of the two month long trial and two appeals that the insurance company put us through) would be $2.125 million. That would leave $400,000. So if he were to accept $8.5 million, then he would be about $6.5 to $7 million short of what he needs for his future care according to his rehabilitationist and treating doctors.
Even the Senate Special Master, a Division of Administrative Hearing Judge who is neutral, recommended $15 million.
Of course, whether Eric gets the full amount of the Senate bill ($15.5 million) or the insurance company’s $8.5 million is forced on him, or something in between, he gets nothing for his injury, his pain and suffering, his disability, mental pain and suffering, partial paralysis and disfigurement, and the loss of enjoyment of life – all legal damages that were included in the jury verdict. This insurance company has been successful in getting the Legislautre to give him nothing more than his bills – past and future – paid.
That’s if he’s lucky.
Perhaps the third-grader who normally writes his posts was in school at the time?
Also, wasn’t Friday the day when he posted some hysterical piece using nothing but comment threads from FreeRepublic.com as his research material?