A U.S. District court judge will consider Western’s motion Tuesday to dismiss a lawsuit filed by university employee Staci Nash over coverage for a bone-marrow transplant.
The university filed the motion in September to dismiss the lawsuit filed by Nash and her husband, Brian.
However, Nash attorney Janice Weiss said she is negotiating a settlement with Western and Medical Benefits Administrators – the university’s third-party administrator – and is hopeful an agreement can be reached before Tuesday.
Weiss said she is still seeking more information about what coverage the Nash family will receive from Western for the transplant.
“I’m hopeful it could be settled before the hearing,” she said.
The Nash family filed the suit against Western in August after HCC Life, who covers all Western insurance claims over $75,000, denied coverage for a $500,000 bone marrow transplant for the Nash’s four-year-old daughter, Presley.
In August, Western agreed to cover the procedure using funds from the faculty and staff self-insurance reserve fund.
Western will also pay up to $10,000 for related travel, meals and lodging for the family.
Presley Nash received the transplant Oct. 18. She is still at the Fairview University Medical Center in Minneapolis, Minn.
The family could not be reached for comment.
Western attorney John Grise said he hopes the family will drop the lawsuit before Tuesday’s hearing, scheduled for 10 a.m.
“They have indicated with the right amount of information they would,” Grise said.
However, if the Nash family does not drop the lawsuit, Grise said the university can provide a strong case for the judge to dismiss the lawsuit.
“We granted the coverage,” he said. “They sued for the coverage. We granted the exact thing they sued for.”
Reach Mai Hoang at [email protected]