Exhibit A of the RICO Complaint:
Hammel v. State Farm
and the
Amended Complaint
which will be followed in the
Diary Page
This is a complaint sent to The New Jersey Insurance Consumer
Protection, under the New Department of Insurance.
Copies were also sent to very many other places as well.
December 4, 1995
COMPLAINTS AGAINST
State Farm Insurance Companies:
State Farm Indemnity Company,
40 West Century Road
Paramus NJ 07652
And
Jane Savastano, Sandra Romei, Veronica Wade,
Idiana Murray, individually and as agents,
servants and/or employees of
State Farm Insurance Company.
By
Dr. William C. Hammel
219 Teaneck Road
Ridgefield Park NJ 07660
(201) 807-0652
On behalf of Myself
Dear Sirs:
Whenever "State Farm" is used it will mean "State Farm
Insurance Companies: State Farm Indemnity Company, their agents,
servants and/or employees."
On September 16, 1994, Mr. Bellamente and I were covered by
State Farm policy, number X14107-A12-30 covering a 1992 Mercury
Grand Marquis, bearing New Jersey registration plates WH AB. We
had elected the highest priced P.I.P. coverage possible; our
policy was paid up to date. On September 16, 1994, Mr.
Bellamente and I were both injured in an accident while in the
aforementioned vehicle. As we were turning into our driveway we
were struck in the rear. All appropriate filings and reports
were made in a timely way. Although we were both injured in this
accident, here, it is my own injuries and subsequent ill
treatment and the lack of treatment about which I complain.
At the time of the accident of September 16, 1994, I was
sufficiently concerned with Mr. Bellamente's disorientation,
nausea, and pain, that I immediately called the Ridgefield Park
Police, and Mr. Bellamente was taken by ambulance to Holy Name
Hospital with nausea, disorientation and severe pain in his neck
and back. I followed the ambulance to the hospital and remained
while he was treated. When he was released I drove him home. It
was only later when he was resting that it became apparent that I
also was not as well off as I thought. During the night, the
pains of neck, back and right shoulder became quite intense and
sleep disturbing. On waking in the morning, I could scarcely get
out of bed, and saw My chiropractor Dr. Peter N. Boulukos.
Since it has been my custom for a good many years to keep
myself in shape through regular cardiovascular workouts and
weight training, it was also my custom as it is with many other
weight training people, to have periodic tune up adjustments by a
good chiropractor. I managed to get to my chiropractor Dr.
Boulukos' office that very day, September 17, 1995, at which time
he took a complete spinal x-ray series. These demonstrated a
reversal of curvature in the neck, and a rather disturbing series
of subluxations that made the lumbar spine look like a
step-ladder. Neither one of these configurations was present in
the preliminary spinal x-rays that Dr. Boulukos takes with any
new patient, when I first saw him back in the '80s. I have not
been in any automobile accident or had any other kind of
traumatic injury in well over 30 years. My blood pressure at the
time before the accident was consistently in the 120/80 range
with the low pulse rate of someone who exercises regularly.
Chiropractic care seemed the most reasonable and
conservative course of treatment at the time. I saw Dr. Boulukos
three to four times a week, and although the progressive recovery
was slow and with fluctuations, it was real. The slowness of the
recovery was undoubtedly due to the fact that my partner, Mr.
Bellamente, and I both ran a new retail business, a video store
and were both damaged in the aforementioned accident. Staying
home, staying in bed were not options. Wearing a wide 6"
weightlifting belt cinched very tightly allowed me walk almost
like a human being, and therefore to walk to and stay at the
store for a few hours at a time. The pain, however, was
completely continuous. I also had a computer software and
consulting business. Once again, "calling in sick" was not an
option. Ultimately I had to abandon the computer work, while Mr.
Bellamente and I struggled to maintain the video business.
On February 15, 1995, I was examined, in accordance with an
IME demand by State Farm, by Dr. James F. Linder. His report was
received by State Farm according to their stamp, on February 21,
1995. I received a letter, dated April 28, 1995, 71 days after
the examination, and signed by Jane Savastano claims specialist
for State Farm, which referenced and enclosed a copy of Dr.
Linder's report, which is in my possession and the possession of
my attorney. The letter from State Farm also states:
"We will be requesting another independent exam shortly,
regarding your treatment."
I quote Dr. Linder's diagnoses contained In his report,
dated February 16, 1995:
1) Cervical Whiplash Injury with
Chronic Cervical Sprain/Strain
2) Myofascial Pain Syndrome - Cervical
3) Muscle Tension Headaches secondary to #2
4) Lumbar Sprain/Strain
5) Myofascial Pain Syndrome - Lumbar
6) Lumbar Instability
In his report, Dr. Linder States further:
"The opinions expressed in this report are based upon the
history of the injury as presented by the patient, the
patient's medical history and examination findings and a
review of the x-rays presented by the patient.
"Mr Hammel is currently experiencing the residuals of a
posttraumatic injury to the neck and back which are causally
related to the motor vehicle accident which occurred on
9/16/94. It is my professional opinion that Mr. Hammel
would benefit from an additional 8 weeks of care at a
frequency of 2/week at which time the patient should be
re-evaluated. In addition to chiropractic manipulation and
appropriate physical therapy modalities when necessary, his
treatment program should include stretching exercises for
the involved cervical and lumbar musculature, along with
cervical and lumbar stabilization exercises."
On May 3, 1995, I was once again examined, in accordance
with an IME demand by State Farm, by Dr. James F. Linder. His
report was received by State Farm according to their stamp on May
17, 1995. I received a letter dated July 27, 1995, enclosing a
copy of Dr. Linder's second report dated May 3, 1995, which is in
my possession and the possession of our attorney. The second
paragraph of this letter from State Farm signed by Jane Savastano
states in its entirety:
"In the doctor's opinion, no further treatment is necessary
as a result of your September 16, 1994 accident. We will be
unable to consider any further expenses after July 26, 1995.
If there are any unpaid bills, please send them to me for
consideration of payment."
THIS OPINION WAS IN NO WAY, NOR AT AT ANY PLACE, STATED OR
IMPLIED IN DR. LINDER'S REPORT! The letter written and signed by
Jane Savastano, which I have in my possession and which is in the
possession of our attorney, was a lie.
In fact, the section of his report entitled, PRESENT
DIAGNOSTIC IMPRESSION (May 3, 1995), reads in its entirety:
1) Cervical Whiplash Injury
Chronic Cervical Sprain/Strain
2) Cervical Spondylosis with Central Canal and Right
Lateral Recess Stenosis C4-C5, C5-C6, and C6-C7
3) Myofascial Pain Syndrome - Cervical
4) Chronic Low Back Pain Secondary to Ligamentous
Instability and aggravated by the Motor Vehicle
Accident
5) Lumbar Spondylosis with Posterior Disc Bulging and Likely
small Disc Herniation at L5-S1 and Diffuse Disc Bulge at
L2-L3 through L4-L5 with Borderline Central Canal Stenosis
at L2-L3.
6) Myofascial Pain Syndrome - Lumbar
7) Right A/C Degenerative Changes - Rule out Impingement Syndrome
Furthermore Dr. Linder's following and terminal DISCUSSION
section, in which he states his true opinions, I will also quote
in its entirety:
"The opinions expressed in this report are based upon the
history of the injury as presented by the patient, the
patient's medical history and examination findings and a
review of the radiographs presented by the patient.
Mr. Hammel has indicated that there continues to be
improvement with an overall decrease in the scope, intensity
and frequency of his and back pain, but that there has been
an increase in the pain in the right shoulder. It is my
opinion that Mr. Hammel would continue to benefit from
additional care at a frequency of no more than 2 time a week
for 6 weeks and once a week for 6 weeks. The patient has
indicated that he has been placed on a very limited exercise
program consisting of some lumbar stretching exercises. The
exercise program should be expanded to include stabilization
exercises for both the lumbar and cervical spine regions.
"In addition, I would reccommend [sic] that Mr. Hammel
undergo an orthopedic evaluation to rule out an impingement
syndrome and to assess whether this condition is related to
the motor vehicle accident in question or whether there was
pre-existing pathology which is contributing to the
dysfunction."
Before the first examination by Dr. Linder, I had not known,
nor known of Dr. Linder, nor met, nor ever seen him.
I emphasize that I had, and continued to have no problems or
disagreements with Dr. Linder personally, nor with either of his
thoroughly professional examinations, nor with either of his
thoroughly professional reports.
I called Jane Savastano at 1:55 PM on Monday July 31, 1995,
in order to discuss the contradiction in her letter dated July
27, 1995 of Dr. Linder's May 3rd report. She was, of course, not
available, and I received no callback. I called again at 2:30 PM
the same day and received no callback. I called again somewhere
before 3:40 PM, making it perfectly clear that I was going to
make an extreme pest of myself until I spoke with her. She spoke
with me, and I explained the ridiculousness of the letter. She
said not to worry that it was just a formality and didn't mean
anything. This was also clearly a lie, since NOTHING, to my
knowledge, has been paid by State Farm since.
Dr. Boulukos, Dr. Kluger, Dr. Schmaus, Dr. Sender and Dr.
Savatsky, out of kindness and professional concern, have still
given me medical attention despite State Farm's intentional and
premeditated delinquency and dishonesty.
I seek payment to these people for their medical services
together with the interest that is due them by law.
Since the time of the benefit denial letter (July 26 1995),
I continue to have incapacitating episodes of severe back and
neck pain and spasm. The shoulder inflammation, as it turns out
of the rotator cuff, has flared up so severely that it, caused
many sleepless nights and took many weeks of high doses of
anaprox (sodium naprocyn) to bring it under control. I still
have a residual malfunction of the shoulder, which has been
diagnosed by both Dr. Peter H. Schmaus and Dr. Gary Savatsky as
frozen shoulder syndrome, the result of tendonitis caused by the
accident of September 16, 1994, for which they have both given me
prescriptions, which are in my possession and in the possession
of our attorney, for physical therapy. I have not been able to
obtain this needed therapy which was also indicated as necessary
by Dr. Linder, State Farm's own examiner as well as by Dr.
Schmaus and Dr. Savatsky.
Since State Farm continues to deny me any benefits
whatsoever, with not one shred of evidence of any kind that
denial is appropriate, I still suffer with a malfunctioning
shoulder. I still suffer from lumber and cervical malfunction,
which slowly, however, continues to improve, as a consequence of
Dr. Boulukos' treatment, for which he has not been paid, by State
Farm.
The amount of time, energy, expense and effort that has been
expended by Mr. Bellamente, Dr. Boulukos, Dr. Schmaus, and
myself, in attempting to induce State Farm to recognize and
rectify its own self-contradiction and to perform its contractual
duties has been prodigious. All such attempts have been met with
lies, evasiveness, avoidance and complete intransigence.
I have repeatedly pointed out that Dr. Linder's second
report contains no reason whatever for denial of benefits, to no
avail. I still continue treatments with Dr. Boulukos because
they are still necessary.
Letters and phone calls to State Farm by me, by Mr.
Bellamente and by Dr. Boulukos have produced no response.
Letters sent to State Farm have consistently been lost or
misplaced, or "not received", or simply ignored. Phone calls to
"Claims Specialists" produce no return calls. A claim file, or
so I am told by the Claims Specialists, and/or there assistants
and/or secretaries, apparently requires days going into weeks, to
find or retrieve. My credulity fails on this point. The person
whose name is on any correspondence is always, on another line,
not at her desk, not available, at a meeting, not in for the day,
or has just left. Repeated attempts at contact simply resulted
in surly and/or downright rude responses from various secretaries
and/or assistants.
State Farm has either been totally silent or simply issued
edicts and commands consistent with the high commands of an
irresponsible fascist bureaucracy. and has been otherwise
consistently inaccessible and evasive with any attempt to counter
their assertions and denial of benefits.
It is clear at this point that this intransigence must be
dealt with through some other channel.
It is clear that I am not dealing with some oversight or
some excusable failure to act in a timely way. With State Farm,
I am dealing with, at very least, negligent and intentional
fraud, to deny me the P.I.P. benefits that we have paid for.
It is also clear that this fraud is conspiratorial in
nature, and most probably rampant. Further indication of this is
the following:
Apparently, finally realizing that they had no grounds for
their arbitrary decision to deny benefits, they decided to
provide some. In a letter from State Farm dated September 21
1995, and signed by Idiana Murray, another "Claim Specialist",
another demand was made for an other allegedly independent
medical examination, this time with one Dr. Harry Merliss of
Hackensack. I decided to make extensive investigation that would
be statistically significant (I am a mathematician among other
things) of the qualifications and reputation of Dr. Merliss among
medical professionals. It seems that every healthcare
professional I spoke with had heard of Dr. Merliss. The
comments, all beginning with a chuckle, ranged from "a favorite
of the insurance companies", through various horror stories, to
"old Harry would say you were fine if you had no heartbeat", and
"even judges laugh at that one". All responses concerning Dr.
Merliss were of the same kind, with not one response
contradicting the uniform consensus. On the basis of this
consensus, I believe that State Farm, its agents, servants and/or
employees knew, or certainly should have known of Dr. Merliss'
reputation; and I further believe that he was selected as
examiner precisely for his reputation, and that his reputation
was based on his actions in the past. The obvious intent of
State Farm, its agents, servants and/or employees is then to
obtain a medical opinion upon which a continued fraud might be
based and continued.
Upon receipt of Idiana Murray's letter, I immediately called
and wrote State Farm and told them that Dr. Merliss was
unacceptable as an examiner. (I maintain phone log
documentation.) When I called Idiana Murray on this matter, she
was, of course, very busy, and I elected to speak with her
assistant. I was told by her rather insolent assistant that, "We
decide who is acceptable." My response was, "That may be but it
is our legal right to refuse this particular examiner." To which
she responded, "I'm not here to argue with you." Then she hung
up. This was on October 18, 1995. But for another failed
attempt at telephonic communication on October 20, 1995 that was
my last phone contact with anyone at State Farm. To date we have
not been contacted in any way by State Farm regarding any future
examinations. Of course, no bills have been paid, including
those from before the date of denial. Payments for medications
have had to come out of our own rapidly diminishing resources,
the continuing diminishment being caused by arbitrary denial of
benefits and malicious fraud by State Farm.
Mr. Bellamente and I both work at the same business, a video
store which has now, as a consequence of State Farm's fraud
become our only source of income, and due to the rather sick
games being played by State Farm Insurance, its agents, servants
and/or employees. We must both work somehow or starve, and
decide on the basis of who hurts the least at any given moment.
Even further, to deal almost every day with the consequences of
this fraud, has caused us on numerous days to abandon the store,
for an entire day or part of a day for medical, psychological,
and legal help as well as having to take the time and expend the
energy to prepare and assemble documents such at this.
This drain on our combined time and energy, at a time when
it can be least afforded, continues, to this moment, to destroy
our now only, and insufficient, source of income. The financial
damages caused by malicious fraud of State Farm, continue to
accumulate. The multitudinous damages, psychological, emotional,
physical, and financial all worsening as a consequence of this
fraud have become intolerable.
The additional drain necessitated by having to respond
continuously to the damages and the fraud, as well as the stress
level caused by not being able or even, permitted by State Farm,
to address it all has become intolerable.
Additionally, I now suffer psychological problems,
completely new to me, as a direct result of the harassment,
fraud, larceny and their deliberate actions the perpetuate and
aggravate the already existing physical damage. The
psychological problems caused by State Farm have further caused
more life threatening physical problems, which I elaborate on
below and further caused enough financial problems to result in
imminent financial destruction. I am currently, and for the
first time in my life, under the care of a psychotherapist,
having to take anxiolytics and antidepressants to maintain my
sanity.
Neither Mr. Bellamente nor I am able to maintain order in
business, home, what remains of personal life and mind. Though
we are friends of long standing, we are scarcely able to be of
assistance to each other. We do not and cannot manage to cook or
clean, because of the drain on us and damage done to us. A
nutritionist would gasp at our supposed diet, which consists
almost totally of deli' food, sandwiches and various fatty
salads. A consequence once again of having neither time nor
energy to do otherwise, and the board of health would probably
condemn our quarters. My customary exercise program has been
made impossible by State Farm's harassment, negligence and fraud.
If the necessary and appropriate medical care were provided,
according to contract, by State Farm, instead of the harassment
and fraud that was, in fact, perpetrated, and continues to be
perpetrated, the numerous damages and destruction that has been
wrought would not have occurred.
Being quite aware of my overall damaged and precarious
condition caused by the accident of September 16, 1995 and the
various synergistic damages caused by the fraudulent behavior of
State Farm, its agents, servants and/or employees I made an
appointment to see my internist. On that appointed visit,
November 6, 1995 to Paul S. Sender, M.D., my internist of about
12 years, who prescribes for me, his standard taking of my blood
pressure showed a blood pressure of 160/80 and a pulse
significantly more rapid than usual. He has monitored my blood
pressure and pulse over these 12 years and knows that is not
normal for me. He was sufficiently concerned about my current
psychophysical state that he ordered a blood workup which was
performed at 1:00 PM November 13, 1995 by Corning Metpath and an
EKG, that was performed immediately. In view of my general
precarious state caused by State Farm, I was also given influenza
vaccine. In agreement with with my psychotherapist, Dr. Kluger,
Dr. Sender immediately prescribed an anxiolytic and
antidepressant, copies of which are in my possession and in the
possession of our attorney.
The EKG unfortunately showed a change from my usual baseline
EKG that indicating a diagnosis of a silent heart attack.
The Blood work report which I have in my possession and is
in the possession of our attorney, showed serum lipid values all
dangerously above the established reference ranges. The overall
conclusion of the blood report signed by: Raymond Gambino, M.D.,
Joseph E. O'Brien, M.D., Paul A. Krieger, M.D. Kim Lamon, M.D.,
and Sherif Nasr, M.D. concludes:
"THIS PATIENT'S SCORE IS ASSOCIATED WITH THE HIGHEST
CORONARY HEART DISEASE RISK."
Dr. Sender has also prescribed medications to lower the
serum lipid score, particularly the very high cholesterol level.
I was, of course, horrified, but not completely surprised by
these revelations. If State Farm, its agents, servants and/or
employees can keep up their good work, then perhaps they will not
have to pay anything, since certainly, they will surely attempt
to claim, my death by cardiac arrest cannot be accident related.
Psychotherapy and psychotropics notwithstanding, I have now
become devoid of all patience with this perfectly calculated evil
and will very soon become devoid of all civility if these
murderous and thieving troglodytes are not stopped and subjected
to the most appropriately severe punishment.
I am, therefore, accusing State Farm Insurance Companies:
State Farm Indemnity, their agents, servants and/or employees,
of:
1) Intentional, premeditated and calculated Fraud;
2) Intentional, premeditated and calculated Breech of contract;
3) Reckless endangerment of my life and limb;
4) Premeditated and intentional calculated damage including
that of possible death;
5) Intentional, premeditated and negligent infliction of
irreparable physical damage;
6) Intentional, premeditated and negligent infliction, over a
long period of time, of severe mental distress and
harassment, to an extent that requires my treatment and
medication by a physician, a psychotherapist; and
7) Intentional, premeditated and negligent infliction of
annihilating financial damage; as well as
8) Violations of the Fair Claims Act.
DAMAGES TO DR. WILLIAM C. HAMMEL IN COMPLAINT AGAINST
STATE FARM INSURANCE COMPANIES: STATE FARM INDEMNITY COMPANY,
IT AGENTS, SERVANTS AND/OR EMPLOYEES.
Whenever "State Farm" is used it will mean "State Farm
Insurance Companies: State Farm Indemnity Company, their agents,
servants and/or employees."
I suffer continued impairment of R. Shoulder, 20 to 30
degrees loss of ranges of motion, for which physical therapy has
been prescribed by both Dr. Schmaus and Dr. Savatsky, and denied
by State Farm.
I suffer persisting damage to rotator cuff of R. shoulder,
where use causes severe and painful tenosynovitis that can only
be treated with high doses of prescribed powerful
anti-inflammatories whose long term use is known to cause
gastrointestinal, liver and kidney damage.
I suffer maliciously intentional and negligent infliction by
State Farm and specifically by their agents, servants and/or
employees Jane Savastano, and Idiana Murray, of mental distress,
insomnia, depression and anxiety so as to require treatment by a
psychologist and a physician. The emotional and psychological
damages are severe enough to demand prescribed medication in the
form antidepressants and anxiolytics the long term effects of
which are unknown.
I hold State Farm wholly responsible for residuals and/or
sequelae from the use of the potent medications that I have had
to be given because of its fraud and the consequences thereof.
The source of these emotional and psychological damages
being unwarranted denial of benefits, their avoidance and
evasiveness with regard to my legitimate claims, the arrogance
and surliness of their assistants and/or secretaries, their
mendaciousness, and total lack of response to logic and empirical
evidence of any nature.
A further source of these emotional and psychological
damages being a protraction of recovery period for physical
damages sustained in the accident of September 16, 1994,
inability to work and therefore loss of income from my work as
systems analyst, computer programmer and consultant.
A further source of these emotional and psychological
damages being that I work in pain an restriction in work at the
one source of insufficient income that I have left, a video
business, which I will have to sell at a loss.
A further source of these emotional and psychological
damages being that I work and live with Mr. Alan J. Bellamente
who was also severely injured in the accident of September 16,
1994, and who has become as unable to maintain house and life as
I, and who has also been unwarrantedly denied benefits by State
Farm, and the two people named above. I see him deteriorate
mentally and physically more every day. I have filed a complaint
on his behalf because he is presently not able to do so himself.
I suffer the physical damage of a significant rise in my
normal blood pressure from 120/80 to 140/80, and a cardiogram
that my internist Dr. Paul Sender diagnosis as the result of an
occurrence of a silent heart attack, for which I blame State
Farm. My previous cardiograms showed no such anomalies.
I suffer financial damage from my inability to maintain
physically and mentally my business as computer consultant at
all, resulting in complete loss of income from that source.
I suffer financial damage from my inability to maintain,
physically and mentally, my retail business, and the consequent
necessity of selling it quickly and at a considerable loss.
I suffer financial and personal damage from my inability to
maintain my place of residence in the State of New Jersey, and
emotionally, from my dependence on a friend to provide me with a
place to live.
I demand immediate reinstatement of P.I.P. benefits,
according to contract and the Fair Claims Act.
I demand compensation, beyond and excluding P.I.P. benefits,
for all damages already caused by the unwarranted and fraudulent
actions State Farm, and all consequences thereof, past, present,
and future, and that State Farm cease any and all perpetration of
further fraud and damage immediately.
DAMAGES DIRECTLY CAUSED BY THE FRAUDULENCE OF STATE FARM:
Damages Incurred by any malfeasances
or civil actions due to my state of
mind caused by mental, physical,
emotional and financial abuses of
State Farm $ (unknown)
Loss of Income from Retail business $ 7000.00
Loss of Business and Good Will, and
therefore the value of the business
caused by closing of business in
order to address the fraudulence of
State Farm $ 20000.00
Capital Loss from Sale of Retail
Business $ 70000.00
Loss of Earnings as Computer
Consultant, Analyst and Programmer $ 15000.00
Loss of Equity in Partially Restored
Antique Mercedes Benz from forced
liquidation $ 11000.00
Cost of Relocation $ 5000.00
Professional Services incurred by the
fraudulence of State Farm $ 2500.00
Subtotal: $130500.00
I further demand that all future "Independent" Medical
Examinations be mutually agreed upon, truly independent, and
not fraudulent farces.
OUT OF POCKET EXPENSES RELATED TO THE ACCIDENT
AND TO THE FRAUD OF STATE FARM:
Prescribed Medications: $ 290.55
Subtotal: $ 290.55
UNPAID MEDICAL BILLS:
Teaneck Radiology $ 902.00
Dr. Peter N. Boulukos $ 2565.00
Dr. Peter H. Schmaus $ 321.00
Dr. Gary Savatsky $ 150.00*
Dr. Albert Stabile $ 180.00
Dr. Paul S. Sender $ 250.00*
Dr. Martin A. Kluger $ 680.00*
Subtotal: $ 4048.00
Subtotal: $ 4338.55
TOTAL: $135129.10 +
* Not immediately available, and estimated
I am demanding that these bills be paid according to
contract together with the interest that is due according to law.
I further demand compensation for the damages done me by the
intentional, negligent and malicious fraud perpetrated by State
Farm.
___________________________________ ___________________________________
Dr. William C. Hammel Notary Public
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Created: August 13, 1999
Last Updated: May 28, 2000