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'Sigh of relief' for disabled Michigan residents after court decision
The Michigan Supreme Court affirmed that those catastrophically injured in car wrecks prior to the state's insurance law changing are entitled to care even after it was changed. The ruling came too late for some who couldn't afford the care - but for some still around, it was a sigh relief.
NORTHVILLE, Mich. (FOX 2) - July 31 brought a special surprise for Cassandra Mixon Burgie, who was celebrating a birthday when the state high court ruled those catastrophically injured in car accidents were entitled to care even after the law changed.
Among those in need of continuous support is her daughter Carmen.
"Today when we got the call - like what? Really?" said Carmen. "A sigh of relief."
Prior to Monday's ruling from the Michigan Supreme Court, Carmen said the decision by insurance companies to deny care to those catastrophically injured following a change in the law in 2019 "wreaked havoc on our lives."
"Knowing what you're entitled to, they just took that away like," she said. "No, this is not what you're going to do, this is what we're going to do - this is how we're going to play it."
Carmen is among the 17,000 residents in Michigan hurt by the auto insurance no fault reform four years ago. She's been paralyzed for 22 years after being struck by a car while a student at Michigan State University. Her parents are her constant caregivers.
After the reform dropped, her insurance dramatically cut back payments to her parents and home health care workers who she relies on for help. They had been paid through Michigan's Catastrophic Claims Fund.
The law's rewriting always maintained that people like Carmen should be grandfathered in and should not be subject to the changes of the law. Insurance companies cut payments anyway, forcing patients into nursing homes as home health care agencies went out of business.
As a result, some people died because they could no longer get the care they needed.
"It was heartbreaking even to hear that some of the ones that had passed on because of not getting the medical need that they needed to," said Cassandra Mixon Burgie.
The court's 5-2 ruling upheld an appeals court ruling that said those injured always deserved their prior standard of care and should never have been cut out.
MORE: Michigan crash victim fighting car insurance company for catastrophic claims funding
For Attorney Nick Andrews, he says the decision isn't the end for those injured and in need of insurance.
"The lawsuits will only end when our clients are made whole - that's really when it ends, so this is really another step in the process," he said. "It's a needed step, it's a wonderful step to have, but it doesn't necessarily mean it's over for a lot of people."
Andrews says further reform is necessary as more people are catastrophically injured every day.
"Now I think it's up to the legislature to take a look at what was done, to take a look at what its impact was and how can we ensure that at least those individuals who are catastrophically injured are going to be taken care of in the future?" he said.