LOIS attorney Joseph Melchionne was successful in getting the court to disallow a claim against our client in a matter in which the claimant alleged that she was bitten by a mosquito while on a work mission trip to Uganda, Africa in 2012, causing her to contract Malaria. The claimant argued that during her work-related trip to Uganda in 2012 and in the seven (7) years since, she has become permanently unable to return to work as a result of contracting Malaria and as a result of the Malaria she has suffered a myriad of co-morbid medical conditions such as Chronic Inflammatory Response Syndrome (CIRS), a brain tumor, postural orthostatic tachycardia syndrome (POTS), and other conditions. After subpoenaing over fifty (50) of the claimant’s treating doctors’ medical records, conducting medical depositions, and cross-examining the claimant at trial, the court found that there was no definitive documentary or medical proof connecting the claimant’s alleged case of Malaria to any of her complaints, and as such, the claim must be disallowed on the basis of insufficient medical causation. The court disallowed the claim in its entirety against the carrier.
- CASE: KB v. KC
- COURT: Manhattan
- LOIS ATTORNEY: Joseph N. Melchionne