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Settlement Reached in Large Chronic Fatigue Syndrome (CFIDS)/Fibromyalgia (FM) Related Lawsuit

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By Source: Cappello and McCann • • August 1, 1998

A major victory was reached for sufferers of CFIDS, FM, and Lyme Disease when one of the nations largest group disability programs agreed to lawsuit settlement totaling over several hundred thousands dollars with a former policy holder. The action is part of an ongoing campaign spearheaded by Healthwatch to prevent insurance companies from discriminating against victims of CFIDS, FM, and other serious illnesses.

The Law Firm of Cappello and McCann represented the plaintiff who had been denied disability payments because the insurance company deemed the illness "psychological". According to Rich Carson, publisher of Healthwatch, and K. Kimberly Kenney, executive director of The CFIDS Association of America (TCAA), "This 'psychological cause' is the most common tactic employed by certain irresponsible insurance companies to avoid fulfilling their legal obligations to claims."

In the past two years Healthwatch, along the TCAA, has received hundreds of complaints from people who had their insurance cut off because of a two-year exclusion clause. The "two-year exclusion" is what certain insurance companies sought from various states so they could place a two-year cap on illnesses that could not be diagnosed with objective findings through medical tests. Since there are no standard medical tests for CFS and FM, insurance companies are attempting to cut payments to their victims.

The Law Firm of Cappello and McCann is one of the most successful law firms in the country. Cappello himself has personally won over four hundred million dollars in claims from class action suits against various corporations. They were unable to disclose either of the involved parties or the specific sum of the settlement because the defendant made both the plaintiff and the firm sign an agreement of nondisclosure.

Contact Information:
Cappello & McCann
831 State St.
Santa Barbara, CA 93101
(805) 564-2444

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