Quadrino Schwartz News

Quadrino Schwartz Obtains Total Victory for Disabled Client Under ERISA

March 27, 2006

Quadrino Schwartz prevailed in a lengthy legal battle for its client in an ERISA-governed long term disability litigation.  The client's benefits were terminated in 1996 after illness and injury rendered him unable to perform his prior job as an IT Director for Forbes, Inc. 
 
After paying the client’s claim for two years, Continental Casualty Co. targeted the client's claim for termination because, as the Judge stated, it was a high reserve, meaning expensive, claim. Continental sent the client to an independent medical examination where the examining doctor determined that even though the client had certain medical conditions, they were not sufficiently serious to prevent him from working. 

Prior to commencement of the lawsuit, the client was diagnosed with Hepatitis C and chronic fatigue syndrome, in addition to his disabling neck and back conditions.  The client informed Continental of these new conditions and submitted additional medical records, but Continental ignored them and denied the claim again.

Quadrino Schwartz commenced a lawsuit, fought for and obtained discovery. At the conclusion of discovery, Continental moved to dismiss the case, claiming that their decision was protected by the arbitrary and capricious standard of review under ERISA, and that the new and additional evidence further confirming the client's continued, deteriorating medical condition and severe disability could not be considered by the Judge. 

Quadrino Schwartz convinced the court to not use the arbitrary and capricious standard, and persuaded the court to consider all of the additional evidence of the client's disabling conditions. Quadrino Schwartz also demonstrated to the Court that Continental had a financial incentive to cut off the client's benefits because his claim was expensive.

 Quadrino Schwartz obtained all of the client's past benefits, interest, and an award of attorneys fees.

 The successful Quadrino Schwartz team included Evan S. Schwartz, Michail Z. Hack and William J. O'Mahony.