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Tough calls in transplant case

A Northridge teen dies shortly after her insurer reverses its refusal to pay for a treatment it called experimental.

December 22, 2007|Molly Hennessy-Fiske | Times Staff Writer

The case of a Northridge teenager taken off life support just as her insurance company reversed itself and agreed to pay for a liver transplant is highlighting tensions among physicians, patients and insurers over the definition of experimental procedures.

Nataline Sarkisyan's family blames their insurance company, Cigna HealthCare, for the teenager's death Thursday. A leukemia patient, 17-year-old Nataline had been in intensive care at UCLA Medical Center for about three weeks after suffering complications following a successful bone marrow transplant Nov. 21, relatives said. She was covered under the policy of her mother, a real estate agent.

Doctors treating Nataline told the family and Cigna in a letter that patients in similar situations have a 65% chance of living six months if they receive a liver transplant. Doctors had qualified Nataline for a transplant Dec. 6 and a liver became available four days later, the family said. But the transplant was not performed because Cigna had refused to approve and pay for the procedure, they said.

Cigna turned down the transplant, calling the procedure experimental because it was not supported by enough medical literature as safe or effective in such cases. The family's benefit plan does not cover experimental treatments. But this week, after receiving an appeal from the family and UCLA doctors, the company reconsidered.

Arlys Stadum, a Cigna spokeswoman, said the insurer submits all transplant requests to physicians with transplant expertise for review. Every request that is refused has been seen by at least one expert physician, she said.

In explaining the reversal, she said, "It was really just looking at how complex the decision was." Stadum said she couldn't provide more details because the Sarkisyans had not given the company permission to discuss Nataline's case. Doctors at UCLA also refused to discuss the case without family permission , but other transplant physicians said doctors and the insurer faced a difficult call.

The family mobilized supporters with the help of local Armenian groups and Eve Gittelson, an online health policy writer known as "nyceve" whose dispatches appear on the influential Daily Kos blog.

On Friday, Nataline's father and brother held a news conference, lashing out at Cigna and giving their version of the events leading up to the teenager's death.

Nataline's father, Krikor Sarkisyan, said he was protesting with relatives and supporters outside Cigna's Glendale office Thursday afternoon when his sister phoned and summoned him to the hospital. Doctors said Nataline's condition had worsened, that she was not likely to recover and gave the family the option of removing her from life support.

About 4:40 p.m., just as Sarkisyan said the family had decided to remove Nataline from life support, Cigna sent a letter to the family's attorney approving the transplant.

The letter, faxed to attorney Mark Geragos, is stamped 4:44 p.m. Geragos said his staff tried unsuccessfully to reach the Sarkisyans at the hospital. The family said they didn't see the letter until after they removed Nataline from life support at 5:20 p.m.

"They took my daughter away from me," Krikor Sarkisyan, 51, an automotive technician, said at the news conference outside Geragos' downtown L.A. office.

In the letter, Deborah Garnsey, a registered nurse who reviews cases for Cigna, said she had reviewed the family's appeal on Thursday and decided that day "to make an exception in this rare and unusual case."

She noted that the family's appeal was reviewed by an oncologist and liver specialist.

"We are making this decision on a one-time basis, based on the unusual circumstances of this matter, although the treatment, if provided, would be outside the scope of the plan's coverage and despite lack of medical evidence regarding the effectiveness of such treatment," Garnsey wrote.

Dr. John Roberts, chief of the transplant service at UC San Francisco, said Cigna faced a difficult decision in the case, based on the facts presented by the UCLA team.

Roberts said his center generally will not accept a patient without a 50% chance of living five years. According to UCLA's letter to Cigna, patients like Nataline had a 65% chance of living six months.

"The problem that they got into is, here's a situation where she didn't have very long to live," he said. "Probably in this situation, they're probably better off to say, 'The transplant center really feels like this is the right thing to do, let them go ahead.' "

The standard of care for this particular situation is "going to be pretty hard to know," Roberts added. "I think it's a very difficult decision for both the transplant center and the insurance company."

Of the 1,107 patients under age 18 who received liver transplants nationally from Jan. 1, 2004 to June 30, 2006, nearly 92% survived at least one year. But most were not as ill as Nataline.

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