An insurer’s practices are the subject of a $10 million Chicago-area lawsuit. The firm, Illinois State Medical Inter-Insurance Exchange (ISMIE), had previously paid out $3.3 million to the plaintiffs in a wrongful death case stemming from the death of a brain-injured child. Alizabeth and Elvin Hana’s daughter, Mary, had a brain injury that left her in a vegetative state for 3 years and ultimately was fatal. The parents believed her injury was caused by her obstetric and emergency room care. In a case settled in a 2009 trial and affirmed in a 2011 appeal, a jury found in favor of the parents and awarded them $6.3 million.

The parents allege that the insurer owes them an additional $1.4 million plus interest, plus $10 million for deceiving the defendant physicians about the coverage actually provided by ISMIE’s policy. In court documents, the parents argued that in addition to concealing the likely payout scenarios from the physician defendants, ISMIE allegedly failed to advise the physicians of the likelihood of an adverse jury outcome.

An additional $10 million in punitive damages and legal costs was requested because ISMIE breached its fiduciary duty, the plaintiffs claimed.

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  1. Sachdev A. Jury decides insurer should pay $14.3 million in medical malpractice case. Chicago Tribune. November 11, 2015. Accessed November 24, 2015.
  2. Churney D. ISMIE sued for $10 million over alleged deception of doctors in child death lawsuit. Cook County Record. June 26, 2015. Accessed November 24, 2015.