-Caveat Lector- Judge Dismisses Racketeering Suit By MICHAEL RUBINKAM .c The Associated Press PHILADELPHIA (AP) - A consumer group plans to appeal a judge's dismissal of one of the first lawsuits in the nation to accuse a health maintenance organization of racketeering. The lawsuit said Aetna Inc. promised quality medical care, but encouraged widespread cost-cutting and penalized doctors who didn't increase their patient load. The lawsuit, filed in April on behalf of nearly 6 million Aetna customers, claimed the abuses were so widespread they constituted a pattern of fraud. U.S. District Court Judge John P. Fullam this week agreed with Aetna, the nation's largest health insurer, which admitted that its advertising claims of being committed to ``maintaining and improving quality health care'' were ``mere puffery,'' but didn't amount to fraud. Fullam on Wednesday rejected the plaintiffs' argument that ``in every case, individual physicians ... will be moved to put their own economic interests ahead of their patients' welfare.'' Even if that happened, the fault would be with the doctor, not the HMO, the judge said. The Foundation for Taxpayer and Consumer Rights, a California-based consumer group representing the plaintiffs, called the decision a ``temporary setback.'' ``The fact that the nation's largest health care company admitted in this litigation that its commitment to quality health care was 'mere puffery' is a devastating admission that we intend to fully explore,'' foundation president Harvey Rosenfield said Friday. ``It's going to have a tremendous impact on this company's reputation and ability to service the marketplace.'' An Aetna spokeswoman did not return a call for comment Friday. The company's U.S. Healthcare unit, based in Blue Bell, Pa., provides health insurance to 21 million Americans. The Aetna case was one of the first to accuse an HMO of racketeering, a charge originally aimed at organized crime. A similar lawsuit filed under federal racketeering laws against U.S. Healthcare in 1988 also was dismissed. A series of Supreme Court rulings over the past two years have permitted a broader use of racketeering laws and allowed more lawsuits by people who claim to have been harmed by a pattern of illegal activities. DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance�not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html http:[EMAIL PROTECTED]/ ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
