Supreme Court Stay in Andary Case Provides Another Breath of Hope for Thousands of Car Crash Survivors
Judd: ‘We hope the insurance industry will follow the law’
BRIGHTON, Mich.—(Sept. 29, 2022)— Michigan Brain Injury Provider Council (MBIPC) Executive Director Tom Judd today released the following statement in response to the Michigan Supreme Court’s unanimous decision to deny the insurers a stay in the case of Ellen M. Andary, Phillip Kruger, & Eisenhower Center v. USAA Casualty Insurance Company and Citizens Insurance Company of America. Today’s order leaves in place the Michigan Court of Appeals decision which ruled that the application of the draconian reimbursement system and invasive limit on family provided care to people injured before the auto no-fault law is unconstitutional.
“Today’s Court ruling provides another breath of hope for the thousands of car crash survivors and care providers whose mission it is to bring the services these people deserve throughout the state.
While this case is not yet settled, we hope the insurance industry will follow the law and allow care to be restored for people in need. Furthermore, while an eventual ruling by the Court to affirm the decision of the Court of Appeals will bring healing to people injured prior to the 2019 law, a legislative solution is needed for drivers catastrophically injured in a car crash after the enactment of the law, who paid for lifetime benefits of quality care.
Studies conducted by MPHI, reports from Poverty Solutions at the University of Michigan, articulation of the problem by the State’s Long-Term Care Ombudsman, resolutions by 34 county commissioners, and the pleas from disability advocates at the state and federal level continue to emphasize what crash survivors, their families and care providers have told any lawmaker willing to listen—corrective action is needed! While the Court has brought hope into the lives of those injured before 2019, the legislature needs to respond to those in need as well by passing a true fee schedule that brings consistency and reliability to the system while ensuring rehabilitation and care is available to those in need.”
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Members of the Michigan Brain Injury Provider Council are committed to providing high quality, ethical rehabilitation services, with the mission of achieving the best outcomes for patients. As a trade association established in 1987 and based in Brighton, Michigan, MBIPC offers resource-sharing, information exchange, professional development and education, advocacy for brain injury standards of care and legislation protecting Michigan families, and the promotion of ethical conduct. For more information, go to mbipc.org https://www.mbipc.org, and connect with MBIPC on Facebook, Twitter and Instagram.