Rx from Abbott: Bob Brown case

Group:

Here's the first of the latest developments with the BJ.

This involves a stereotyper (moved to paperhandling when that department was eliminated) named Bob Brown. I did get his permission to use his name when I talked to him last week.

What he has done is taken the BJ to Small Claims Court in Tenn. about their cutting off his medical and Rx coverage.

And he won! As I understand it, he has received several checks for some monies concerning that judgment. He had cashed one but not the others because the BJ had stipulated that by accepting those checks he was relinquishing future claims related to the action.

While I'm not sure of the exact amounts (I didn't feel comfortable asking that detail) it was definitely in the thousands. A lot of the claims resulted from the BJ's lack of coverage (medical, hospital and Rx) concerning his wife's (and partially his) medical problems. He lost his wife about a year ago.

At this point, since he didn't sign away his right for future claims or some ongoing claims, the BJ is now fighting him on those points. Their position is that the Tenn. small claims court doesn't have jurisdiction over the matter. While I'm definitely not a lawyer (but I'm starting to feel like a Philadelphia lawyer!) it's my belief that a small claims action can be brought against anybody for any reason...we'll see.

A point I would like to bring up here is the obvious. Since the BJ is owned by Canada's Mr. Black and I'm pretty sure the BJ is his only U.S. paper...you can imagine the cost of their answering legal actions anywhere but Akron, OH. I'm reasonably certain they don't have legal counsel ready to go all over the country. So they probably have to hire local counsel to represent them. Get the picture? The only way we can get the BJ to live up to their obligations is to make it more expensive not to. I would imagine this is the reason they tried to "buy off" Bob Brown. It's cheaper.

I believe this might have some real potential...especially with those retirees in other states (of which there are many).

And that why I'm urging everybody to keep all medical, Rx and any other bills that the BJ insurance should have paid but didn't. It would be necessary to have proof of the BJ's failure to meet their obligations.

Bob Brown says that the BJ cut off all his and his wife's coverages. The counsel I've been working with has also said that if the BJ does that...we would have a strong case. So far...and realize the limitations of our previous legal "investigation" into the BJ's "forcing" those over 65 to sign up with Aetna Rx/Medicare plan. They haven't cut me off yet. But this is a whole new ball game!!

I will repeat something Attorney Piatt told me. The courts generally accept the contract in effect at the time of retirement/separation. And whatever benefits you had been getting at that point, wether it's in writing in the contract or not, it is valid. So, if your contract said you would get medical/hospital coverage, you have a case if you don't get that coverage. If you were getting a prescription card or benefits...you have a case if they cut you off.

Can you see the potential? Not in my personal case, at this point, but for many of the retirees that I have talked to that have, indeed, been cut off.

While I don't have Mr. Brown's permission to give out his address or phone number, if anybody needs to talk to him please get in touch with me and I will try to handle it on a one on one basis.

He has said he will keep me up to speed with the developments of the ongoing small claims actions and the BJ's stance. I will then pass the info along as it develops.

It ain't over!!

bob abbott