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After several years of litigation, the lawsuit against Blue Cross Blue Shield was out of the woods soon. Whilst the BCBS companies rejected claims made by plaintiffs, they agreed to make payments for eligible people. The settlement decision reached its peak on 16 October 2020 to settle a class lawsuit to license agreement within the system.

As of right now, the affected member will begin receiving notifications about the settlement via email and mail. To check the latest progress and see whether you are eligible or not to claim the payment, scroll to the article below!

Why Lawsuit Against Blue Cross Blue Shield is Necessary?

Blue Cross’ business structure establishes a licensing agreement between the insurer and its 38 regional member health insurance plans, effectively forming an anti-competitive trade association. Health insurance markets are divided and allocated among different plans that do not compete with one another.

The plaintiffs claim that the structure reduces competition within and outside the network, thus limiting consumer choice. Furthermore, in-network healthcare providers are not permitted to use out-of-network facilities. As a result, the whole story leads to increased premiums and financial injury to both providers and subscribers.

That’s why, a lawsuit emerged against Blue Cross Blue Shield (BCBS). Specifically, it involves a class action lawsuit between BCBS and its member companies, as well as individual Blue Plans.

Further, the class action settlement includes individuals and businesses who purchased or received health insurance from a Blue Cross Blue Shield company between February 7, 2008, and October 16, 2020.

The accusation is that BCBS violated antitrust laws by entering into agreements not to compete in selling and administrative service health insurance as well as other customers. The violation resulted in less competition and higher prices for corporate and individual consumers.

Who Is The BCBS Class Action Lawsuit Member?

If someone was covered by the company’s health insurance or any administrative service plans between February 2008, and October 2020, they might be the Blue Cross Blue Shield class action member.

To ease the classification, the settlement mainly includes two classes namely an injunctive relief class and a damaged class.

The settlement requires BCBS companies to make monetary payments to specific groups and individuals. The following individuals and groups below may be considered as the damage class members of a lawsuit against Blue Cross Blue Shield and be eligible to submit a claim for payment.

1. An individual who purchased health insurance directly from BCBS between February 7, 2008, and October 16, 2020.

2. A fully insured group account (including enrolled employees) with a BCBS between February 7, 2008 and October 16, 2020.

3. A self-funded group account (including listed workers) maintained by BCBS between September 1, 2015 and October 16, 2020.

Besides, individuals, insured groups, and self-funded accounts who purchased or enrolled in a BCBS insurance or administrative services plan during the applicable class period will benefit from the settlement provisions. This condition obliges settling defendants to change certain alleged anti-competitive practices.

Keep in mind that dependents, beneficiaries, and non-employees are not eligible to receive payment. Exempt payments also include government and Medicare accounts, the BCBSA company (its parent entity or subsidiary), the judge presiding over the case, and members of its judicial staff.

However, the entirety of the staff is covered by a commercial health product license that is not purchased through a government account during the class completion period. If you are still unsure about which settlement class you fall into, you can contact the claims administrator at BCBS official email.

How to Check Your Lawsuit Against Blue Cross Blue Shield?

The best way to check the status of a claim is to log in to your member account. You can easily get the information by going through the website or even the Blue Cross Blue Shield mobile app. You can then click on the button “Check online claim status”. The next step is to submit your unique Blue Cross ID or claim number to sign in.

For the information, the unique ID is typically sent to you by the administrator. It typically consists of 10 10-digit codes that include both numbers and letters. Fortunately, you can check the status of a claim anytime by using the BCBS automation system. You can also talk with a representative during business hours.

Don’t worry, filling claim either online or by downloading a form from the website is a simple and quick process. Hence, your task will be done in just a few minutes.

It is also important to note that due to protected health information requirements, not all plan members may be able to view all claims. For instance, an adult enrolled cannot see the claims of other mature individuals.

What Are the Benefits of a Lawsuit Against BCBS?

The class action exists solely to file a lawsuit against Blue Cross Blue Shield. In this case, class members who file valid claims may receive a cash payment from the net settlement fund. It is worth approximately $1.9 billion and will be distributed to damaged class members (i.e. employers and individuals).

Please note that this amount is after deducting certain fees. The gross settlement amount is $2.67 billion, with $ 667 million set aside for the plaintiff’s attorney fees and $100 million allocated to settlement administration costs.

It is the remaining amount after making deductions of attorneys and administrative costs from the settlement gross of $2.67 billion. However, if you choose to participate in the class action settlement, there is no need to hire outside professionals to facilitate the process.

Further, this injunctive relief is considered as one of the two settlement classes. In essence, the companies have agreed to make changes in their business practices. For this reason, a monitoring committee will be formed for five years.

When Will The Lawsuit Blue Cross Blue Shield Over?

The good news is BCBS agreed to make monetary payments to eligible individuals and employers for making system-wide operational changes. The parties reached an agreement on October 30, 2020, to avoid the risk and cost of further litigation.

For the information, the Eleventh Circuit Court of Appeals recently affirmed their approval of the settlement on October 25, 2023.

It is to determine whether the settlement lawsuit Blue Cross Blue Shield is fair, reasonable, and adequate. Any additional appeals may be made by the first quarter of 2024. The more settlement and payment updates will be notified in February 2024.

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Xarelto and Warfarin are two of the most commonly used drugs to prevent and treat blood clots in patients with a history of Deep Vein Thrombosis (DVT), Pulmonary Embolism (PE), and atrial fibrillation. With the same function to treat blood clots, what is the difference between Xarelto and Warfarin? Find the answer in this post!

Blood-thinning Drugs and Their Benefits for Treating Blood Clots

Over the years, the Food and Drug Administration or FDA has approved several blood-thinning drugs, including Xarelto and Warfarin. However, both of these anticoagulant drugs have the same function or benefit, which is to reduce a person’s chances of having a stroke due to blood clots.

As well as benefits, anticoagulant drugs such as Xarelto and Warfarin also have side effects, both serious and non-serious. Despite having the same benefits and side effects, it has a difference between Xarelto and Warfarin that you should know.

Difference Between Xarelto and Warfarin: What is Xarelto?

Before you understand the difference between Xarelto and Warfarin, it’s good to know about both of them first. Let’s start with Xarelto. Xarelto also known as rivaroban is an anticoagulant drug that was approved by the Food and Drug Administration or FDA in July 2011.

In general, Xarelto or rivaroxaban is a drug prescribed to treat various blood clotting conditions such as Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE). Not only that, but this anticoagulant drug also acts to prevent clotting in any patient suffering from atrial fibrillation.

In other words, Xarelto works by blocking the production of certain clotting substances present in a person’s blood. Generally, this anticoagulant drug is also often prescribed to prevent blood clots in acutely ill patients who do not have bleeding disorders but are at risk of developing blood clots.

Moreover, Xarelto is a tablet-shaped drug that comes in various doses ranging from 2.5 mg to 20 mg tablets. For the right dose, the doctor will usually prescribe the appropriate strength based on the patient’s medical needs and medical history.

Xarelto Side Effects

Every drug is designed to treat an illness, but still, it always has side effects. Moreover, some side effects may require immediate attention. Therefore, you need to be aware of the side effects of the drugs that your doctor or healthcare provider prescribes to you.

So, what are the side effects of using Xarelto? Below are some of the side effects of Xarelto. Please check them out!

Heavy menstrual flow

Coughing up blood

Increased risk of minor or major bleeding

Difference Between Xarelto and Warfarin: What is Warfarin?

Have you already gotten acquainted with Xarelto? If so, now it’s time for you to know what is Warfarin. Just like Xarelto, Warfarin is an anticoagulant drug that is commonly used to prevent and treat blood clots in the veins and arteries of a patient.

Warfarin itself is also an anticoagulant drug that was approved by the FDA in 1954. At that time, Warfarin was known under Coumadin and Jantoven. The benefits of this drug are the same as the benefits of anticoagulant drugs in general, namely increasing the possibility of bleeding and overcoming blood clots.

In addition, you or other patients who will be taking Warfarin will need a routine blood test called the International Normalized Ratio (INR) test. You need this test to measure your blood clotting levels. However, the results of this INR test can help the healthcare service know whether you are getting the right dose or not.

In general, Warfarin should be taken at the same time every day and can be taken with or without food. In addition, certain foods or drinks may cause changes in the effectiveness of the drug while you are taking Warfarin. Therefore, you should pay attention to what you eat and drink daily.

For example, you should avoid drinking cranberry juice, pomegranate juice, and grapefruit juice as they may cause Warfarin drug interactions. Foods that are high in Vitamin K should also be consumed in consistent amounts. Also, pain medications like ibuprofen or naproxen should not be taken together with Warfarin.

Warfarin Side Effects

The most common side effects you will feel are itching and swelling. Therefore, if you have a history of allergies, you are not advised to take this anticholagogue drug. Warfarin may also not be suitable for those who have very high blood pressure or have recently undergone or will undergo surgery.

Apart from hives or swelling, below are other side effects of taking Warfarin.

Unusual swelling or bruising pain.

Coughing up blood or vomiting blood

Bleeding gums, nosebleeds.

Bleeding that does not stop.

Sudden or severe leg or foot pain

Painful, purple-colored toes or fingers

The Difference Between Xarelto and Warfarin, Which One Works Best?

It is common knowledge that every patient has a unique medical history and every drug has its own pros and cons. Although both drugs are anticoagulants that have been tested for safety and proven to be effective, they still have their pros and cons.

However, the information about the pros and cons of these two anticoagulants can be used as a reference to know the difference between Xarelto and Warfarin.

1. Pros and Cons of Xarelto

Here are the pros of Xarelto:

There is no need for prothrombin time (INR) testing.

There are no regular dose adjustments

Having no known food restrictions

Meanwhile, the cons of Xarelto include:

Higher medication cost as there is no generic equivalent

People with valve conditions should not use Xarelto

2. Pros and Cons of Warfarin

Below are the pros you can get when taking Warfarin

Cheaper price than Xarelto

Proven effective in overcoming blood clotting problems for decades

On the other hand, the pros of Warfarin are:

Prothrombin Time (INR) test is required.

Should avoid herbal products

Incidence of major bleeding events is higher in some patients

As with any medication, doctors need to consider which drug is best for the patient based on the risks versus benefits for each individual. Better yet, if you already understand the difference between Xarelto and Warfarin, it can ease you in deciding which blood-thinning drug is best for your medical condition.

Have You Known the Difference Between Xarelto and Warfarin?

Every drug has its own pros and cons, this is a fact that you cannot deny. This also applies to anti-clotting drugs such as Xarelto and Warfarin, both of which have their pros and cons despite having the same benefits in preventing and treating blood clots.

In conclusion, the difference between Xarelto and Warfarin lies in the price and the rules. Xarelto has an expensive price but with non-strict usage rules. Warfarin, on the other hand, comes at a cheaper price but with strict rules. Still, when taking these two anticollision drugs, you should consult your doctor.

Law and Legal, Life Injury
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Xarelto and Warfarin are two of the most commonly used drugs to prevent and treat blood clots in patients with

Basically, a hysterectomy is a surgery to remove the uterus and is used to fix different problems in women’s bodies. Usually, it goes well, but sometimes things don’t go right, causing what’s called a “botched hysterectomy.”

This happens when mistakes happen during surgery, unexpected problems occur, or the care after surgery isn’t done correctly. The worst part is this can lead to serious problems for the patient. If you’re interested in this topic, keep reading to the end!

What’s a Hysterectomy?

A hysterectomy is a medical operation to remove a woman’s uterus or womb. Sometimes, the surgery also involves removing the ovaries, fallopian tubes, and part or all of the cervix. In addition, there are various reasons to perform this surgery, such as cancer, uterine fibroids, and uterine prolapse.

Furthermore, the surgeon performs the surgery while the person is asleep under general anesthesia. The cuts are made on the belly and can either be one big cut or several smaller cuts, which is called laparoscopic surgery.

Different Types of Hysterectomy

There are numerous kinds of hysterectomy procedures as explained briefly, as follows.

1. Radical hysterectomy

This surgery involves removing the entire uterus and cervix, usually done when there’s cancer.

2. Total hysterectomy

In this total type, it’s only the uterus and cervix that get removed.

3. Subtotal hysterectomy

This procedure removes the upper part of the uterus.

Sometimes, surgeons might also take out the ovaries and fallopian tubes. Usually, these surgeries are done through traditional open surgery. But, there are also minimally invasive methods such as the following types.

4. Vaginal hysterectomy

The surgeon cuts the vagina to remove the uterus.

5. Laparoscopic hysterectomy

Surgeons use a tiny camera attached to a tube. They make small cuts near the belly button, using the camera to guide the surgery displayed on a video screen.

You might have heard about the da Vinci robot, which sadly has been linked to many failed hysterectomies.

Hysterectomy Risks and Consequences

In situations where a hysterectomy goes wrong due to severe medical mistakes, it often causes harm to the intestines and nearby body structures. This botched hysterectomy might lead to intestinal leaks to allow bacteria and waste to enter the belly. These invaders can cause severe infections in other organs inside the belly.

The longer this infection persists, the more severe it gets and the harder it becomes to stop. If the infection becomes too strong or enters the bloodstream, it could trigger sepsis. This can lead to a condition called septic shock, where the body and organs start failing because of an overwhelming amount of bacteria.

Consequently, some victims might need to have their limbs amputated since the infection tends to spread from the farthest body parts towards the core.

Additional dangers of hysterectomies involve common surgical mistakes or errors with anesthesia. Errors in making cuts or failing to remove all the tissue could result in serious medical malpractice situations.

A Real Case of a Botched Hysterectomy

Let’s talk about Amy Reed, a 40-year-old doctor from Boston. She was married to a surgeon and had six children. Amy was facing stage 4 cancer and had an 85% chance of dying within five years. Before her planned hysterectomy, tests showed no signs of cancer.

Initially, doctors planned a routine procedure to stop bleeding caused by non-cancerous growths in her uterus. However, it turned out that Amy did have cancer, but a rare type that usual tests didn’t detect. The hysterectomy ended up spreading cancer cells throughout her body.

What should have been a treatable disease became deadly due to the botched hysterectomy procedure. dr. Amy Reed sadly passed away in May 2017, but her advocacy with her husband led to legislative changes.

Amy’s case isn’t unique. Research reveals that a specific technique used in around 11% of hysterectomies can make cancer worse in as many as 1 out of every 400 patients. Initially, doctors thought this number was much lower, around 1 in 10,000. The differences in numbers are quite alarming!

How Can You Tell If Your Hysterectomy Went Wrong?

Surgeries always have risks, even when doctors do everything right! But, what could go wrong during a standard hysterectomy? Well, here are some common complications:

blood clots (thrombosis);

infection where the surgery happened;

heavy bleeding (hemorrhage); and

adverse reactions to anesthesia.

However, some patients might face more severe reactions and side effects that go beyond what’s expected. So, how can you recognize if your hysterectomy didn’t go well? There are some signs as follows:

damage to the bladder;

injury to the ureter;

punctures in the bowel or small intestine; and

other serious and significant problems.

What If You’ve Been Harmed Because of a Hysterectomy Procedure?

If you face harm due to a botched hysterectomy, you may seek legal action to receive compensation for the failed surgery. These compensations typically resemble those seen in other cases involving personal injuries or medical malpractice. In general, plaintiffs can seek compensatory damages for:

lost wages from being unable to work;

additional medical expenses;

physical and emotional distress; and

if the patient passes away due to failed surgery.

Sometimes, punitive damages are available if it’s proven that the harm was deliberate. However, in certain states, there are limits set on non-monetary damages, like pain and suffering.

Do You Require a Lawyer for a Hysterectomy Lawsuit?

If you’re facing legal issues linked to a botched hysterectomy, it’s essential to seek guidance from a knowledgeable personal injury lawyer. With the intricate legal aspects involved, it’s a smart move to get help from the experts mentioned.

These experienced attorneys can explain the differences between negligence and malpractice, and between a failed surgery and an unnecessary one.

By consulting with a skilled lawyer, you’ll gain a clearer understanding of your situation and your rights. They’ll stand by you to advocate for your case and strive to ensure you receive the compensation you rightfully deserve.

Contact a Lawyer for Your Botched Hysterectomy Case!

In conclusion, a botched hysterectomy can have a lethal effect on your health and well-being. Hence, if necessary, before undergoing the surgery, discuss all the aspects with your surgeons and physician.

It is highly advised to consult with a specialized lawyer as a preventive act. A skilled lawyer can guide and help you understand your rights, and work towards getting the compensation you deserve, just in case.

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