November 2002

ACA/Trigon Lawsuit Update

Abingdon, VA – The Federal District Court in Virginia presiding over ACA's lawsuit against Trigon Blue Cross Blue Shield is preparing to consider all final pleadings filed by both the plaintiffs and defendant in response to Trigon's motion for summary judgment. A trial date has been set for November 12.

In its motion, Trigon argues, among other things, that its discriminatory practices against chiropractors are no better or worse than the types of discriminatory practices aimed at chiropractors by other insurance and managed care companies.

Attorney George McAndrews, lead counsel for the ACA, the Virginia Chiropractic Association and the other plaintiffs in the case, has likened this argument to pre-Civil Rights Alabama, pointing out that discrimination against African-Americans there was no better or worse than the discriminatory treatment afforded by Mississippi or any other pre-Civil Rights southern state.

The court has directed the parties to present oral arguments for the motion. Afterward, if the judge does not grant Trigon's motion to dismiss ACA's legal action, the case will proceed to trial before a jury. If the motion is granted, an appeal of the ruling to the Federal Circuit Court of Appeals is expected.

The ACA, VCA, and several doctors of chiropractic and chiropractic patients filed suit against Trigon on Aug. 18, 2000 to compel the insurer to change policies that they believe are discriminatory toward doctors of chiropractic.

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