On this page we will show you the problems and hardship involved in bringing a lawsuit against an HMO, and being successful with it. We will begin with an overview from Sean's father about the problems he encountered in trying to find an attorney to bring the HMO to justice for his son.

Following that we will present some of the evidence of the HMO's negligence direct from the Brief filed in court on Sean's behalf. Our purpose is to show that an HMO can be successfuly sued, and we hope this will give some hope to other victims of an HMO's cost cutting methods. If you feel as we do that this should not be allowed to continue unabated, then Please by all means follow the PayPal link and make a contribution to the Society For Justice in Sean's name.

Help us to help future generations of lawyers defend others against the HMO, and help us to keep there from being another Sean that feels there is no other way out EVER!

Clearly, Sean received unconscionable treatment at the hands of his HMO, and the hospital and their psychiatrist. Trying to prove that in court is a gamble with astronomically high odds. Two laws give caregivers relative immunity, and consequently allow some to act with impunity.

The federal Employee Retirement and Income Security Act (ERISA) shields HMOs from most lawsuits. California's Medical Injury Compensation Reform Act (MICRA) shields most doctors. So how did this get accomplished?

First I opened the phone book and picked Regina Boyle, a healthcare attorney. Ms. Boyle was outraged at what she saw when she acquired Sean's medical records. Although she became a tireless crusader for my son, she was unable to find a personal injury attorney willing to take the case. She did give me a list of high profile attorneys whom I was invited to consult.

With the help of associates and relatives, I began a comprehensive review of the records. The errors and omissions were appalling. At this juncture I employed three psychiatrists to study the records and offer expert opinions. Two were severely lacking in professionalism. The third, by Scott L. Carder, M.D. PhD., unquestionably placed liability on Sean's caregivers. Even though equipped with this strong expert opinion, the case was still rejected by nearly one dozen attorneys.

Finally I got the confidence to approach Michael J. Bidart, the nation's premier attorney in HMO abuse cases. After sending several faxes, I was able to secure an appointment. I traveled to Southern California for the meeting, which resulted in Mr. Bidart taking the case. From start to finish, the preparation probably cost me 1000 hours of time.

Mr. Bidart was able to file the claim two days before the statute of limitation became effective. Nearly a year later, we went to mediation and settled the case. Sean's case was never about money to me, and I believe Mr. Bidart was also motivated by the injustices. It was about accountability regarding caregivers who thought that they were indemnified. It was also about deterrence so that the defendants would not treat another suicidal child in a similar manner.