Texas insurance giant tells judges brain-damaged baby and mom are stifling company's free speech
AUSTIN The state's largest Medicaid insurance company refused to pay for nursing that a foster baby with severe birth defects needed. As a result, state records show, the baby suffered a catastrophic brain injury that left him in a vegetative state, unable to ever speak for himself.
After the tragic case of D'ashon Morris was exposed in a Dallas Morning News investigation last year, Linda Badawo, his adoptive mother, sued that insurance company. Now, in an effort to kill that lawsuit, Superior HealthPlan's lawyers are arguing the Badawo family is essentially suing to bully the multi-billion-dollar company and "chill" its right to free speech.
Bradley Hancock, the lawyer representing Superior, argued before the state's Third Court of Appeals Wednesday that the case should be thrown out because of a Texas law that prevents powerful people and companies from silencing critics by burying them in costly lawsuits.
Chief Justice Jeff Rose, who led the three-judge panel, expressed immediate skepticism.
Read more: https://www.dallasnews.com/business/health-care/2019/05/22/giant-insurance-company-argues-brain-damaged-toddler-mom-stifling-freedom-ofspeech