Anorexia Victim's Suicide Sparks Lawsuit

Family Claims Health Insurance Co. Said It Was "Pulling The Plug" On Her Hospitalization

(CBS)  The family of an anorexia sufferer who committed suicide is suing a health insurance company over what the family says is the company's denial of care.

The San Diego woman's father says a representative of the company told him it was "pulling the plug" on coverage of her hospitalization.

Janell Smith's glowing smile and "bigger than life" personality helped her cover up the fact that she had the eating disorder, her family says.

She kept it so secret, not even her sister knew about it.

One day, says the sister, Dianna Wilson, Janell "took off the majority of her clothes, and when I saw how skinny her arms were and how her ribs out and all that, I was crushed."

By the time she was hospitalized in January 2003, Janell, who was 26 at the time, weighed 68 pounds. A feeding tube was keeping her alive.

Janell was in the hospital for three weeks but, her family says, just as her health seemed to be improving, her father got a call from his insurance company.

Brian Smith tells CBS News, "The counselor said, 'Nobody's talked to us about next-step strategies. In fact, we don't support this. The insurance company is pulling the plug.' That was her words."

Janell was released from treatment.

Days later, her family says, guilt-ridden in the wake of an eating binge, Janell ingested a toxic combination of Tylenol, vodka, and cocaine. She overdosed and died.

"Had she been able to get the care she needed," says her sister, "and had the doctors said, 'You know, she's at a good place, and she can go into an outpatient program,' I believe she'd be with us today. I really do."

In a lawsuit filed by Janell's parents, the family alleges that its health insurance provider, Magellan, didn't consult with Janell's doctors.

Magellan denies that, countering that Janell discharged herself and that her doctors didn't request extended hospitalization.

Magellan says it was the family's responsibility to ask for more coverage, that her coverage had simply expired and that, had the family asked for more, Magellan would have granted it.

"That's simply just not true," Scott Glovsky, the lawyer representing the Smiths, told co-anchor Maggie Rodriguez on The Early Show Thursday.

Brian Smith admitted to Rodriguez that he didn't ask for more coverage.

"She was in the hospital," Brian told Rodriguez, "and, two-and-a-half weeks after she had come out of tube-feeding, and still weighing in the low 70s, I got a phone call from Magellan on a Friday, saying she's going to be discharged on Monday. I protested, saying she wasn't ready, that she didn't weigh enough to qualify for an outpatient program. And they said, 'Oh, you'll see her counselor tomorrow, and we'll work on next steps.'

" ... The case manager of Magellan ... said three things -- she's being discharged, she needs to be in an outpatient program by Wednesday, and, oh, by the way, we don't want her living in your home. That's what we were told. In their notes, they even write that they had set up this discharge plan to another outpatient program. So for them to say they were just continuing coverage is totally untrue."

Glovsky added, "Their own records, their official notes of what happened says that their medical director determined she must be 'discharged,' their word. Their notes also say that they advised the hospital of that decision and called Brian on that decision. So they're claim they didn't deny any care is simply not true."

"It's extremely frustrating," Mary Smith, Janell's mother, told Rodriguez. "We knew our daughter needed long-term care. She was extremely underweight. She was very ill. Everybody that was on her treating team knew she was ill. Her doctor, her psychiatrists, her eating specialists. We knew it. Everyone knew it. But the bottom line was there was a financial consideration for Magellan."

Glovsky suggested the National Eating Disorder Association "is a wonderful resource for families to get help."

[peninsulapar]

It is no wonder viewers are beginning to rely on "Fox" for fair reporting. The woman killed herself with tylenol and cocaine and you slant the story condemming an insurer. Bad

[faith_in_w]

peninsulapar, no FOX would do that too sad to say. Look at the "victim". White blonde females do nothing wrong in the eyes of the promiscuous liberal society.

[ajaxrose1]

It''s a tragedy, but she was killing herself all along and she was so far gone it''s a wonder she wasn''t already deceased. I don''t like the way big insurers are allowed to run someone else''s life, based on nothing but profit; they''re disgusting that way. But I don''t think anyone could do any more in this case except prolong the inevitable, as sad as that is. It sounds like she took matters into her own hands to speed things up. I''m really sorry for the family''s loss, but I don''t think this is anyone''s fault.

[haoli25]

Oh, BooHoo! NEXT!

This should not come as a surprise. In my world, justice would be served by having the insurance company counselor being forced to give up their own life for their role in the loss of another. That would balance the scales sufficiently.

Will it happen? No. The big kid always wins. That is the way of things now, and probably forever.

[barbaraf4]

Why was a 26 year old on her father''s health insurance anyway? Most of us aren''t allowed to keep a child on insurance after age 24 and that is if they are a fulltime student.

[petesis]

These anorexics are doing it to themselves. Why should I have to pay higher insurance costs to people that for whatever reason, do not want to live, but are killing themselves slowly through starvation. They know exactly what they are doing. I am with the Insurance company on this one.

[fredhetz]

There are so many thing wrong with this that it''s hard to know where to start. That includes some of the ignorant, callous responses on here. Yes, peninsulapar, the woman did kill herself. But the question is what level of care was appropriate for her and if inpatient was indicated and not provided, someone is responsible for answering to that. Some of you have apparently never dealt with people with eating disorders. They are vicious and very difficult to treat. The level of ignorance to stories like this is reprehensible.

[fredhetz]

Petesis, you have no idea what you''re talking about. Please go educate yourself.

[fredhetz]

"These anorexics are doing it to themselves." Following your logic (or lack of it), we shouldn''t offer detox or rehab to people with substance abuse problems. People with heart disease due to a high-fat diet shouldn''t get angioplasties and should just tough it out.

[standlee5]

Why didn''t the family pay for another facility or get her into a private shrink and pay for her care. The insurance companies have to make judgement calls everyday. They''ve got kids on chemo with cancer that stay in the hospital less time than that. The woman was unstable to begin with. The family certainly could have figured out a way to get help fro their daughter after their coverage ran out. Most of us have to pay out of pocket. She may have been in the hopital for 6 months and still killed herself.

[boffo1962]

It''s always someone else''s fault.

[ccdsswrkr08]

It''s always someone elses fault. It''s never the fault of the person who commits suicide. Isn''t that strange?

[jesskauz]

to the one who posted that they do it to themselves..you obviously dont know anything about eating disorders and mental health. it is a disease that is nationally recongized and these people truly need help. when they look into a mirror they see someone 2x as big as themselves and truly think its what they look like. these people need our support and the help of licensed practitioners. you should educate yourself before speaking out.

[ccdsswrkr08]

jesskauz

I think the person who posted that was being literal. Meaning that the person is actually hurting themselves, and it should not be the responsibility of someone else to make sure they don''t do it anymore, and if someone does try to assist, but fails, they should NOT be held responsible when the inevitable happens.

[petesis]

The truth is... they are doing it to themselves and I have educated myself more than most on the topic. I have worked with people with this diagnosis. They get better when they decide to get better and other than that...you all are just enabling them. The same is true for druggies and other addicts. The best treatment for them is free and it is with other addicts and druggies.

[oneworldusa]

Yeah, like the insurance company forced her to take a lethal combination of Tylenol, vodka and cocaine....

[lovesamerica]

Parents can have the Cobra plan for their children after they no longer qualify age wise to be on a plan. As for this young lady, It is sad that the world today judges people by their looks, women and men with poor self esteme feel the need to continuously lose weight,hence anorexia,and bulemia. Why her sister had to see her with barely any clothing on to know at 68lbs there was a problem is another matter. Mental illness is beyond a person reasoning themselves better.One can wish themselves rich, but without hard work and a plan, it ain''t happening. Unless you walk in the shoes, you cannot know what is in someones heart or mind. Suicide is a way to ease a terrible unbearable pain,I have had many close to me choose that route, and intead of anger I feel bad, knowing the innerpain they suffered was quenchable only by death.

[creeper00]

The woman was sick. She was removed from treatment for that sickness, not by her doctors but by her insurance company. Since when do claims representatives know more about medicine than doctors?

I hope every intolerant poster here will some day experience this situation personally. Then we''ll see who whines about lack of treatment.

[ccdsswrkr08]

Petesis

High five

[ccdsswrkr08]

Is anyone else not reading the part of the story where it says that she discharged herself?

[petesis]

I always found it very difficult to determine the line where abject stupidity crosses over and becomes mental illness. I had a hard time when I worked in the field and I see it is still a blurry area. You CAN reason yourself in or out of various diagnosable conditions. That is called psychotherapy. I always used to say it was better to be crazy then lazy. That seemed to be the definition of function.
Thanks for having my back SSW

[ccdsswrkr08]

Petesis

No prob. The thing is, I work in the field too. And it is a horribly blurry line. Like what is the difference between someone who self medicates (drug addict) and someone who is being medicated by a Dr.? They are both going for the same effect, and the person no matter which they are, is still addicted to the drug they are taking, so where''s the line between legal drug addicts and illegal ones. Just because the illegal ones don''t pay taxes on it? heh.

[petesis]

I know what you are saying SW. I had to give it up because I couldn''t go along with it anymore. Most of what passed for "crazy" was either drug induced or organic. All this "chemical imbalance" stuff became ridiculous to me. This poor girl probably checked herself out when they told her the insurance was no longer going to pay. They probably discharged her AMA. Some of these people believe everything NAMMI puts out. (do not get me started about NAMMI)

[ccdsswrkr08]

Petesis

Yeah, not going there heh.

[rudy654-2009]

Is anyone else not reading the part of the story where it says that she discharged herself?


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Posted by ccdsswrkr08 at 01:22 PM

It was the lousy insurance company telling a lie to cover their lousy rear ends. Guess you didn''t catch that.

[ccdsswrkr08]

rudy654

Were you there? How do you know she didn''t sign herself out? People with mental illness OFTEN sign themselves out of hospitals. It''s not unusual.

[ccdsswrkr08]

Oh and the dad also admitted that he didn''t ASK for more coverage!?! did you miss that? If an insurance company told me that my coverage had run out, the very FIRST thing I''d ask is "Well, how can I get more coverage or can you point me to resources that will help with these costs". Why didn''t he ask that?

[petesis]

Usually these anorexics are starving themselves to get the approval or attention of their own loved ones. The family drives them to it and then sues when they die. How is that for politically incorrect?

[ccdsswrkr08]

Petesis

round of applause heh.

[rudy654-2009]

Usually these anorexics are starving themselves to get the approval or attention of their own loved ones. The family drives them to it and then sues when they die. How is that for politically incorrect?


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Posted by Petesis at 02:55 PM

Oh, so you are a doctor are you? Where did you get your degree and in what particular field?

[rudy654-2009]

Posted by ccdsswrkr08 at 02:56 PM

Sounds like you to are on a love fest. Good. Because the time for the insurance companies scamming of Americans is about to come to an end. You both will need each other when the crying time comes.

[minnick8-2009]

I think it is interesting that in our society an ounce of fat is so repulsive, that death is prefereable.

[minnick8-2009]

The family drives them to it and then sues when they die.

Posted by Petesis

I don''t think it is families that "drive them to it." It is magazines, stick thin models, the media, and what is currently deemed to be socially acceptable as regarding body image.

Back in the Middle Ages when food was hard to come by, extra weight was a sign of prosperity and s e x u a l desirability.

[petesis]

It is not so much the fat as the control. I had them say things like "I have no control over anything but I have control over this". They feel like they have no control (family issue perhaps?) so they control their food intake. They know damned well they are scary thin.

[ccdsswrkr08]

rudy654

Oh I''m very aware how currupt the insurance companies are, I''m not denying that. What I am saying is that it''s really scary that we''ve gotten to a point in our society where when someone commits suicide its EVERYONE''s fault but the person who committed suicide. It''s the school''s fault, it''s thier peer''s fault, it''s the media''s fault, it''s the health insurance company''s fault, it''s the family''s fault. believe me, if someone really wants to committ suicide, they''ll do it, no matter how much help people attempt to give them, and the people who try to help should not be blamed in the event that these people succeed.

[ccdsswrkr08]

rudy654

do more research on eating dissorders. The majority of the time the root of the problem is not the person''s weight, it''s some other problem that they cannot resolve. Like Petesis said, it''s more about control.

[Marie Zarankevich]

Doesn''t anyone proofread any of this stuff? -- Not he comments, but the articles. -- Where HAS the English language gone? -- I suppose standards went out the window when it went on the Web, huh? -- Grieving for literacy in Ithaca.

[cccsmith2]

The family bears the brunt of responsibiilty here whether they acknowledge it or not. They could have paid to have kept their daughter there if that was their true priority. Insurance companies are not perfect but nor can they be expected to pay 100% of the cost 100% of the time. And has anyone looked into the victims possible drug use? She had access to cocaine - that could possibly explain her health issues. Drug users & addicts chose to be drug users & addicts.

[ccdsswrkr08]

cccsmith2

Finaly, someone else with their head on straight

[rosemari2]

I find no one is saying this was right, and most of us have have experience with ''drive-through'' Hospital care in this Country.

The fact remains, painfully to be sure, that this woman was very ill, mentally. Because starving one''s self is a self-inflicted illness. She was ill and was basically pitched out into the street to manage a severe mental problem on her own--------it''s been like this since Reagan decided mental illness wasn''t something anyone needed handle, especially the Health Care Industry, or the Government.

However, this poor person took pain-killer, booze and cocaine--------odds are she was an addict along with the eating problem already. And that is a choice she made, also.

Perhaps the family needs to come to grips with the fact their daughter was EXTREMELY ill, and they didn''t have a clue, she''s now dead, and it was her choice to die, and all the Lawsuits in the World is not going to bring her back, either.

[iwillbecause]

She went down to 68 pounds before anyone noticed and got her hospitalized...so to not feel so guilty the family is sueing? CRAZY!

[magoo2u1]

"She went down to 68 pounds before anyone noticed and got her hospitalized...so to not feel so guilty the family is sueing? CRAZY!"

Well I guess your stupid. They are suing because:

The case manager of Magellan ... said three things -- she''s being discharged, she needs to be in an outpatient program by Wednesday, and, oh, by the way, we don''t want her living in your home. That''s what we were told. In their notes, they even write that they had set up this discharge plan to another outpatient program. So for them to say they were just continuing coverage is totally untrue."

[luvwknd69]

Typical BS from fradulent insurance companies, when will they stop the lobbying they do to elected officials so they "Can have their own laws"?
Insurance companies are evil, crooked and dishonest as he11!! I worked for a life insurance company for 5 years and the BS I saw was UNBELIEVABLE - I saw the dishonesty first hand and was totally astonished!
I hope they sue the he11 out of Magellan!

[nothappyatall]

Right on OneWorldUSA- she OD''d on cocaine etc and that''s somehow the insurance co''s fault!!!! blame everyone but the WEAK.

"Janell ingested a toxic combination of Tylenol, vodka, and cocaine. She overdosed and died."

Oh well! Wonder if she jumped in jezus'' lap on the other side?


"Had she been able to get the care she needed," says her sister, "and had the doctors said, ''You know, she''s at a good place, and she can go into an outpatient program,'' I believe she''d be with us today. I really do."

She can believe anything she wants that doesn''t make it reality or fact, the fact IS the woman KILLED HERSELF. She didn''t need an MD she needed a shrink, straightjacket or to be committed.


"In a lawsuit filed by Janell''s parents, the family alleges that its health insurance provider, Magellan, didn''t consult with Janell''s doctors. "

And how would they KNOW that? they don''t. Even so, the insurance co is not required to consult- they are a profit business, and this woman probably went in to the hospital for her stupid eating disorder dozens and dozens of times, after a while you reach you policy LIMITS per the contract.

Mine had a $2 million lifetime limit, now it''s $5 million- you reach the max and they have the right to not pay.

[psk123-2009]

Insurance companies should NEVER be allowed to decide who gets care and how much. They are being paid insurance premiums so that when care is needed it can be gotten.

Years ago when I was near death my doctor fought for me to be able to stay in the hospital to recieve the care that I needed. The insurance company would only three days then demanded I be discharged as they would not pay any of the bill otherwise and they certainly would not pay for more time or care.

My doctor was horrified and decided to take on the extra expense himself. The care and health of people meant more to him than getting paid.

[auntieconnie]

Ok Let me have my say. The family should have catch on faster. She didn''t have to be naked for them to see. It is in the face and the eyes. And if she was being kicked out of the hospital. Why didn''t they sell thier house or anything to keep her there?
BUT as it goes in America all anyone thinks of is sueing someone.
Like when the lady sued McDonalds when the fool spiled hot coffee on herself. Anyone know when you order coffee it will be hot. But she did it and won.
Did the insur con. give her this stuff she took to kill her self? Or was they there to help her. NOOOOOO
She wanted to take the chicken way out.
I hope they don''t make it to sue. But they will.
This is where you can sue anyone for any reason.
A drunk come on my land (when he wasn''t welcome there)
and falls and get hurt he can sue me.
They need to except her death. And stop trying to get something for nothing.

[averyjoy]

For all of you that are blaming the family and Janell, you can shut your fat and ignorant mouths! You''re the one''s with the mental problems. You have no idea what you''re talking about and yet you just keep talking no matter how stupid you sound. Janell didn''t want to die, each of her family members and friends (me included) would''ve given up everything to save her and insurance companies should be held to a higher standard becuase they hold people''s lives in their hands. Also, Janell''s last name wasn''t Wilson as it says at the bottom of her picture, it was Smith. Why don''t you all think about what you post online? Janell has a family that is mourning their daughter and sister. Why not offer support instead of breaking their hearts more by saying nasty things about a beautiful person that you didn''t even know?