WHEELING — A Marshall County man has filed a class action lawsuit against an air ambulance provider, alleging breach of implied warranty and unjust enrichment.
Troy Chanze, Sr. on his own behalf and on behalf of all others similarly situated, filed a complaint April 16 in U.S. District Court for the Northern District of West Virginia, Wheeling Division against Air Eva EMS Inc. alleging the defendant charged an unreasonable rate for air transport services.
According to the complaint, on April 16, 2016, Chanze was involved in n all-terrain vehicle crash in Wetzel County. The suit says after being transported from the scene by Air Eva to West Virginia University Hospital, Chanze was billed $34,976.56 for the miles of transport and other unspecified charges despite having no oral or written contract between the parties.
According to Sentinel Air Medical Alliance, the suit says, Medicare reimbursement rate for the same transport service would be $6,123 and the defendant's alleged charge was 571 percent more than Medicare's reimbursement rate.
The plaintiff alleges Air Eva EMS concealed its pricing structure by failing to enter into preferred provider contracts with managed care companies and requiring patients to pay the bill in full and seek reimbursement from their insurance companies.
Chanze seeks trial by jury, compensatory damages, an order requiring restitution of overpayments, permanent injunctive relief, attorney fees, and all other appropriate relief. He is represented by attorneys James G. Bordas and Jason E. Causey of Bordas & Bordas PLLC in Wheeling.
U.S. District Court for the Northern District of West Virginia Wheeling Division case number 18-C-29