A
car accident 18 years ago led to a $1.5 million settlement for the
victim, whose life has never been the same. However, the Nova Scotia
government is taking legal action to claim some of the money paid out to
the family.A CBC News team spoke with the family of Joellan Huntley in southwestern Nova Scotia. Huntley, now 33 years old, was only 15 in 1996 when she was struck by a car that swerved off the road in order to avoid hitting a dog sitting in the middle of the driving lane.
Huntley was severely brain damaged in the accident, unable to walk or talk following the incident. She was taken to a hospital, and has lived at the Kings Regional Rehabilitation Centre near Waterville, Nova Scotia ever since leaving the hospital.
Insurance companies of both the driver and the dog owner agreed to an out of court settlement of $1.5 million to help pay for Huntley’s medical care. The money helps pay for physiotherapy, while the centre assists Huntley with her eating habits. Due to the accident, the now 33 year old is fed through a tube.
But the provincial government, led by Community Services Minister Joanne Bernard, wants some of the money paid to the Huntley family to finance the physiotherapeutic care. In a statement submitted to Nova Scotia Supreme Court, Bernard wrote that the provincial health system deserves to be compensated for some of the care provided to the Huntley family.
“This is not a situation that anybody wants to see themselves in, whether it be the department or the government, and certainly not the family. But this is case law at this point in time, and it’s public policy and it’s been on the books for many, many years in this province.”
The judge overseeing the case, Justice James Chipman, is giving both the province and the family until January 9th to submit any new arguments before making a decision. However, Chipman took issue with the province’s previous argument.
Source: http://www.lowestrates.ca/news/should-government-demand-money-accident-settlement-1442#sthash.KyDovEmV.dpuf
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Joellan Huntley insurance clawback case defended by province
Nova Scotia tries to clawback insurance settlement from woman with catastrophic brain injury
CBC News
Posted: Dec 12, 2014 12:14 PM AT
Last Updated: Dec 12, 2014 2:28 PM AT
Joellan Huntley was injured in a 1996 traffic accident,
which left her unable to talk or walk. She has to be fed through a tube.
(CBC)
Nova Scotia's community services minister is defending the
province's decision to try to clawback an insurance settlement from a
33-year-old severely brain-damaged woman.
When Joellan Huntley was 15 she was injured by a car, whose driver had swerved to avoid a dog on the road.
In Supreme Court Wednesday, Justice James Chipman grilled the lawyer for the province. He questioned why anyone in the situation faced by the Huntleys would bother to fight for an insurance settlement, only to have it taken away.
“It just seems rather perverse, doesn’t it?” he said.
Insurance companies for both the dog owner and the car owner have paid Huntley's family almost $1.5 million.
When the province learned of the settlement, it launched legal action to take some of that money back.
“This is not a situation that anybody wants to see themselves in, whether it be the department or the government, and certainly not the family. But this is case law at this point in time and it’s public policy and it’s been on the books for many, many years in this province,” she said.
The family has been using the settlement money to obtain extra care beyond the basics provided by the Kings Regional Rehabilitation Centre where Huntley, who has to be fed through a tube, has been living since 1997. They say the insurance money helps pay for things the province doesn't cover, like physiotherapy.
Her parents say the extra comforts have helped her bronchitis.
“The last time she had bronchitis, she recovered in two weeks, without having to go into the hospital because she's having this therapy," said her mother, Louise Misner.
A ruling in the case is expected early in the new year.
Chipman gave lawyers for both sides until Jan. 9 to supply any extra documentation to support their arguments. He’s promising a written decision after that.
When Joellan Huntley was 15 she was injured by a car, whose driver had swerved to avoid a dog on the road.
In Supreme Court Wednesday, Justice James Chipman grilled the lawyer for the province. He questioned why anyone in the situation faced by the Huntleys would bother to fight for an insurance settlement, only to have it taken away.
“It just seems rather perverse, doesn’t it?” he said.
Insurance companies for both the dog owner and the car owner have paid Huntley's family almost $1.5 million.
When the province learned of the settlement, it launched legal action to take some of that money back.
Province says it's entitled to money
Community Services Minister Joanne Bernard says the province is entitled to the money in order to pay for Huntley's care.“This is not a situation that anybody wants to see themselves in, whether it be the department or the government, and certainly not the family. But this is case law at this point in time and it’s public policy and it’s been on the books for many, many years in this province,” she said.
The family has been using the settlement money to obtain extra care beyond the basics provided by the Kings Regional Rehabilitation Centre where Huntley, who has to be fed through a tube, has been living since 1997. They say the insurance money helps pay for things the province doesn't cover, like physiotherapy.
Her parents say the extra comforts have helped her bronchitis.
“The last time she had bronchitis, she recovered in two weeks, without having to go into the hospital because she's having this therapy," said her mother, Louise Misner.
A ruling in the case is expected early in the new year.
Chipman gave lawyers for both sides until Jan. 9 to supply any extra documentation to support their arguments. He’s promising a written decision after that.
Source: http://www.cbc.ca/news/canada/nova-scotia/joellan-huntley-insurance-clawback-case-defended-by-province-1.2871201
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