Press Advisory from Kiyonaga and Soltis Law Firm

February 28, 2003

COURT UPHOLDS DISCRIMINATION CLAIM AGAINST INSURANCE COMPANIES BROUGHT BY ESTATE OF MORBIDLY OBESE MAN

An important ruling today by the Superior Court of the District of Columbia establishes, for the first time, that the morbidly obese may sue for discrimination when a healthcare insurance provider refuses to cover the costs of surgical treatment for obesity. The opinion was issued in a case brought by Brazil’s former Ambassador to the United States, Paulo Tarso Flecha de Lima, on behalf of his son who suffered from morbid obesity. The Ambassador’s son eventually obtained the surgery at his own expense, but died several months later. The Ambassador is represented by Paul Kiyonaga of D.C.’s Kiyonaga & Soltis.

The suit, brought against International Medical Group, Inc. and Sirius International Insurance Corporation, specifically alleges discrimination on the basis of personal appearance and disability, protected categories under the D.C. Human Rights Act. In its opinion, the Court recognized that the insurance policy at issue "may have unlawfully discriminated" against the Plaintiff because "coverage was denied on the basis of his disability and personal appearance, his obesity." The ruling represents a significant victory for the rights of the morbidly obese, and is being closely monitored by advocacy groups for the obese.

For further information, contact:
Paul Kiyonaga at (202)363-2776 or pkiyonaga@kiyosol.com