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Case ID: 4335 | Family | 07/07/2005
A class action lawsuit was filed by the Arizona Center for Disability Law Center against the Arizona Health Care Cost Containment System (AHCCCS), (Arizona's Medicaid System). Plaintiffs in this case are children under the age of 21, with disabilities who are recipients of state Medicaid services and need incontinence briefs because of their disabilities. Currently, AHCCCS will not cover incontinence briefs for children with disabilities unless the child has experienced skin breakdown, sores or infections.
"Arizona's policy to wait until a child with a disability develops skin breakdown and infection before covering incontinence briefs is cruel as well as contrary to federal Medicaid law", said the staff attorney at the Center, who brought the lawsuit. "Currently, there are special provisions in federal Medicaid law to provide enhanced services to children." "This lawsuit is about making sure children in Arizona get all of the services they are entitled to under federal law." In the lawsuit, the Center argues that Arizona has failed to adhere to the legal requirements set out in federal Medicaid statutes and regulations which requires states to cover incontinence supplies for eligible children with disabilities. A favorable ruling would not make Arizona the first state in the country to pay for incontinence briefs for children with disabilities who are Medicaid eligible. Research conducted by Center staff indicates as many as 36 other states supply incontinence briefs for Medicaid recipients. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Family Cases of Interest A class action has been filed against U.S. Bank and its Indiana collections attorney, Septtimous Taylor, by Indiana residents whose mortgage is held by U.S. Bank and who, at any time since October 10, 2001, were charged foreclosure fees and court costs although foreclosure actions had not been filed in court. Additionally, the action claims that Taylor violated the federal Fair Debt Collection Practices Act. The action seeks restitution and compensatory and statutory damages. California law requires that mortgage companies fully disclose all charges and fees related to the origination of a residential loan. On July 28, 2003, the court granted final approval to the parties' $12.6+ million settlement in a class action against AccuBanc Mortgage Corporation and National City Mortgage Company on behalf of all persons who paid document preparation, documentation or document processing fees, processing fees, administrative fees, underwriting fees or wire fees to either or both of the companies in connection with the origination of a residential mortgage in California between May 3, 1996, and April 21, 2003. A judge recently certified a complaint against the Fort Wayne Neighborhood Housing Partnership as a class-action lawsuit. Royal Dutch/Shell Group agreed to pay about $90 million to settle a lawsuit brought by its U.S. employees after the company overstated its oil and gas reserves by 41 percent.
The accord brings to about $240 million costs related to the overstatement, which led to lawsuits, criminal investigations and the ouster of Chief Executive Philip Watts. Insurance will cover $25 million of the settlement, Shell said in a statement July 12, 2005. On September 28, 2005, a three judge appeals panel in Florida granted class-action status to the plaintiffs in a lawsuit against the Pinellas County School Board. The lawsuit alleges educational inequity. The decision allows more than 20,000 African-American families to stand together in their claim that the board has failed to ensure African-American students are properly educated. South Lexington, Kentucky, residents Israel and Denise Vasquez claim that the construction of new shopping center Brannon Crossing Centre in neighboring Jessamine County has damaged their home in the Southpoint subdivision. The blasting, excavation and other activities associated with the construction of the new shopping center in northern Jessamine County "caused substantial permanent damage" to nearby houses, according to the class action lawsuit filed in Fayette Circuit Court.
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