On April 29, 2019, United States District Judge Robert N. Scola, Jr., entered an Order of Recusal in the case of Richard Cole, on behalf of himself, and all other similarly situated vs. United Healthcare Ins., Co. The Judge had been presiding over a case brought by Richard Cole, a local Miami attorney. Richard Cole alleged that United Healthcare Insurance Company, wrongfully denied coverage for proton radiation treatment for his prostate cancer. Richard Cole brought the claim on behalf of himself as well as all others whom had been denied coverage for this treatment by United Healthcare Ins. Co. Fortunately, Mr. Cole had the ability to pay for the proton radiation treatment and has been cancer free since treatment was completed.
In his Order of Recusal, Judge Scola courageously states that in early 2017, he had been diagnosed with prostate cancer. As a result, he consulted with top medical experts throughout the Country, all of whom opined that if Judge Scola was to opt for radiation treatment, proton radiation was the far wiser course. Additionally, the Court references a close friend, who faced the same facts as Mr. Cole and was denied proton radiation treatment by United Healthcare and had to personally pay the $150,000.00 necessary for the treatment. Like Mr. Cole, he too is cancer free following the treatment,
In conclusion the Court stated “It is undisputed among legitimate medical experts that proton radiation therapy is not experimental and causes much less collateral damage than traditional radiation. To deny a patient this treatment, if it is available is immoral and barbaric.”
Given Judge Scola’s strong opinions, he entered the Order of Recusal as he believed he could not decide the case fairly and impartially.
If you believe that your health insurance carrier has wrongfully denied a claim contact the attorneys at Kaire & Heffernan for a free consultation.
For over 20 years, David R. Heffernan, has been an advocate for those injured due to negligence including medical malpractice, wrongful death, personal injury, automobile and trucking accidents, pharmaceutical and products liability and premises liability. He has obtained numerous seven-figure settlements and verdicts for his clients and is dedicated to helping the injured people of Miami receive compensation for their injuries.