PHILADELPHIA – An air ambulance company is seeking reimbursement for services it provided from an insurance company.
Aviation West Charters LLC, doing business as Angel MedFlight, filed a complaint on Sept. 27 in the U.S. District Court for the Eastern District of Pennsylvania against Merck Sharpe & Dohme Corp. and The Merck Medical, Dental, Life Insurance and Longterm Disability Plan citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that it provided transportation to Rachel B., who was severely injured when she fell 30 feet onto concrete, via air ambulance from Iowa to the Magee Rehabilitation Hospital in Philadelphia.
The plaintiff holds Merck Sharpe & Dohme Corp. and The Merck Medical, Dental, Life Insurance and Longterm Disability Plan responsible because the defendants allegedly breached their contractual obligation by denying claims submitted by the plaintiff on Rachel B.'s behalf.
The plaintiff seeks reimbursement of the customary charges for transporting Rachel B., interest, any other relief entitled to the plaintiff, court costs and any further relief the court grants. It is represented by Tybe A. Brett of Feinstein Doyle Payne & Kravec LLC in Pittsburgh; Eamon P. Kelly and Nathan A. Shev of Sperling & Slater PC in Chicago; and Mark D. DeBofsky of DeBofsky, Sherman & Casciari PC in Chicago.
U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-04318-MMB