Two Prominent NACA Attorneys With AntiTrust Backgrounds See Solid Basis for Trigon Appeal

 

In From the ACA:

 

Two chiropractic attorneys who are considered to be specialists in antitrust issues by other attorneys involved with the National Association of Chiropractic Attorneys (NACA), came out strongly in support of the ACA’s decision to appeal the decision by Judge James Jones in the lawsuit against Trigon Blue Cross Blue Shield.

            Bob Hirtle, an attorney for the Connecticut Chiropractic Association, says that most antitrust cases come down to factual issues, and in the case of the Trigon lawsuit, “that’s encouraging.” He points out that if the chiropractic plaintiffs in the case can prove to the appeals court that members of the committee Trigon used to recommend its chiropractic policies were in fact competitors of doctors of chiropractic, then “they would be appropriate parties to constitute a conspiracy under antitrust laws.  It looks like the ACA has a good, solid basis for appeal.”

            Meanwhile, the California Chiropractic Association’s Mike Schroeder, another attorney with antitrust expertise, says he was not overly alarmed by the judge’s decision to dismiss the Trigon case.  He points out that chiropractic overcame similar defeats in the Wilk suit and went on to win that case.  He believes Judge Jones made some “unwarranted leaps” in finding that the Trigon advisory board members were not DC competitors.  “I don’t think we’re going to lose this appeal,”

            Schroeder says.  He also thinks the chiropractic profession has already achieved a substantial victory through the Trigon suit with its earlier settlement arrangement with the national Blue Cross Blue Shield association, a move that opened new avenues of communication and cooperation between the two sides.  

            Schroeder is referring to the decision by the national Blue Cross Blue Shield to establish a chiropractic benefit in the federal health plan that it administers.  This, by the way, is a health plan that is scheduled to expand its coverage for doctors of chiropractic to include payment for physical therapy.