Fall 2014 Convention:
Passport to Success!
Oct. 3-5, 2014,
May 28, 2014
Major Victory in MAC Lawsuits Against Blue
Cross and Blue Care Network!
Michigan Supreme Court Denies Appeals,
Will Not Hear Case Regarding Class Action Status!
Last week, the Michigan Supreme Court issued
two orders that represent major victories in our lawsuits
against Blue Cross Blue Shield of Michigan (BCBSM) and Blue Care
Network (BCN). The Court denied BCBSM and BCN's appeal of the
Michigan Court of Appeals decision allowing our lawsuits to move
forward as class action lawsuits and that damages could be
awarded. The cases now return to the trial court for
MAC President Dr. Dennis Whitford was
elated by the news: "This is a critical win. The MAC will
continue to fight discriminatory, anti-chiropractic insurance
practices, while standing up for doctors of chiropractic and our
patients across Michigan. This is truly a momentous step on the
road to eventual victory."
For years, Blue Cross Blue Shield of Michigan
and Blue Care Network have engaged in conduct that the MAC
believes has been discriminatory toward doctors of chiropractic
and our patients. Following many attempted negotiations and the
pursuit of required administrative remedies, in 2010 the MAC
Board directed our attorneys to file the legal actions for
damages, and declaratory and injunctive relief, against both
BCBSM and BCN.
In March 2011, Ingham County Circuit Court
Judge Paula Manderfield heard arguments on the MAC's petition
for class certification. In an historic ruling, Judge
Manderfield found that the MAC satisfied all the requirements
for class action in both lawsuits, allowing the cases to move
forward. Blue Cross and Blue Care Network appealed.
In February 2013, the Michigan Court of
Appeals (COA) heard the appeals, eventually ruling in our favor
and upholding Judge Manderfield's earlier decision. BCBSM and
BCN appealed again, this time to the Michigan Supreme Court,
which declined to hear the cases in orders dated May 21, 2014.
Now that the Michigan Supreme Court has
declined the appeals, the cases return to Ingham County Circuit
Court, where the focus will shift to the actual merits of the
cases themselves, rather than the procedural matter of class
certification. As the cases move forward, we continue to
negotiate with the parties in an effort to settle these
lawsuits. Stay tuned for more information as it becomes
effort from you TODAY can make a huge difference! Thank you for
your participation in this important effort!