HUNTINGTON – A woman and her attorney husband are suing Cabell Huntington Hospital after they claim it violated state law by attempting to collect an alleged debt they did not owe.
Bailes, Craig & Yon PLLC; Daniel T. Yon and Melissa Eakle Leasure were also named as defendants in the suit.
In April 2011, Erin R. Brewster underwent surgery at Cabell and the hospital billed her $25,967.82 for the hospital stay, according to a complaint filed April 7 in Cabell Circuit Court.
Brewster and her husband, Scott H. Kaminski, claim at the time of the hospital stay, Brewster was insured through Kaminski's group plan through his employer, which health insurance carrier was Coventry Health and Life Company.
Coventry initially denied coverage for Brewster's hospital stay and, as a result, Cabell turned the outstanding invoice over to its collection attorneys at Bailes, Craig & Yon and Leasure, who began a series of collection letters, according to the suit.
The plaintiffs claim they successfully appealed Coventry's decision to deny coverage and issued payment to Cabell in the amount of $10,872, and Cabell was required to adjust $14,458.49, thus it could only collect $627.17.
Despite this, the law firm, Yon and Leasure continued efforts to collect $14,458.49 from the plaintiffs, even though they notified them of the successful appeal on Sept. 21, 2011, and on Oct. 14, 2011.
The plaintiffs claim on Nov. 9, 2011, they wrote the defendants and provided a detailed analysis of the claim with Coventry along with a copy of the explanation of benefits proving the plaintiffs did not own Cabell $14,379.97.
The plaintiffs heard nothing further and assumed the matter was resolved until they received a collection letter on March 11, seeking now to collect $16,773.72, according to the suit.
The plaintiffs claim the defendants were negligent and violated the West Virginia Consumer Credit and Protection Act.
The plaintiffs are seeking actual damages for annoyance, aggravation, distress, bother and anxiety; statutory damages; litigation costs; general damages; and punitive damages. Kaminski, who is an attorney with Balgo & Kaminski, is representing himself and his wife.
The case is assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 15-C-255