Joseph Romano Law

An individual was riding his motorcycle and was wearing a motorcycle helmet. An automobile forced the motorcycle operator off the road and the driver who caused the accident was never identified. The driver of the motorcycle was thrown to the ground and the helmet that he was wearing cracked. The HMO paid for the acute care hospitalization but denied all short-term and long-term rehabilitation care, since it was their position that these benefits were not covered under the policy. An exhaustive investigation revealed that the foreign manufacturer of the helmet had used an inferior/defective lining in the manufacture of the helmet, which caused the helmet to crack on impact. I successfully argued to the HMO that they should pay "extra-contractual benefits because they would receive repayment for the medical bills (subrogation) out of the successful product liability suit against the manufacturer of the helmet.