The Progress of this case will be followed from a
CASE DIARY
in chronological order with links to appropriate documents.
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
____________________________________________
|
WILLIAM C. HAMMEL, |
ALAN J. BELLAMENTE, |
et al., | MEMORANDUM ON
| MEDICAL PAPER REVIEWS
Plaintiffs | AND AN IME REPORT
| BY DEFENDANT
vs. | ERIC L. FREMED, M.D.
|
STATE FARM MUTUAL AUTOMOBILE |
INSURANCE CO., | No. 2:99:CV-44-T
STATE FARM INDEMNITY COMPANY, |
et al. |
|
Defendants |
___________________________________________|
SHORT CAPTION: HAMMEL v STATE FARM
Memorandum Concerning an IME Report and Various Paper Reviews
by Defendant Eric L. Fremed, M.D., on the Medical Reports by
Physicians Treating both Plaintiffs.
I. Facts Alleged
1) On or about May 1, 1995
"CD", (Connie Davis), "JS", (Jane Savastano) and at least one
other party at SFI in Paramus arranged to have Plaintiff
Bellamente examined by both Drs. Wagle and Fremed, and on or
about June 8, 1995 letters demanding IMEs with these physicians
of Plaintiff Bellamente were sent, with bcc notes to physicians
indicating what was wanted of them. Medical reports sent were
marked before being sent.
2) On July 25, 1995
At the request of Jane Savastano, claims specialist for SFI,
Dr. Fremed conducted an IME of Plaintiff Bellamente of
approximately fifteen (15) minutes in duration for Defendant
SFI, upon which he wrote a report of 4, single spaced, small
type pages, and sent this report to Ms. Savastano dated
July 25, 1995; Veronica Wade of SFI sent this report along
with a denial of all neurological benefits to Mr. Bellamente,
on September 15, 1995, almost two months after the report
was received by SFI. It is stamped as received by SFI July 31,
1995. Dr. Fremed's report is specified:
OUR FILE # 29855
YOUR CLAIM # 30-3204-312
D/A: 09/16/94
NB: Bellamente's cervical surgery had since been scheduled.
3) On January 5, 1999
Dr. Fremed issued "a paper review" of Plaintiff Bellamente's medical
records. Since this report was addressed to Michelle Wall of Melli,
it can be assumed that it was she who hired Fremed. This report
was for use in the New Jersey actions for performance.
4) On June 14, 1999
Dr. Fremed issued "a paper review" of Plaintiff Bellamente's medical
records. Since this report was addressed to Michelle Wall of Melli,
it can be assumed that it was she who hired Fremed. This report
was for use in the New Jersey actions for performance.
Specified:
OUR FILE # 29855
YOUR FILE #16,809/15,810/17,994
(Bellamente/Hammel vs. State Farm)
D/A: 09/16/94
5) On June 30, 1999
Dr. Fremed issued "a paper review" of Plaintiff Hammel's medical
records. Since this report was addressed to Michelle Wall of Melli,
it can be assumed that it was she who hired Fremed. This report
was for use in the New Jersey actions for performance.
Specified:
OUR FILE # 29855
YOUR FILE #16,809/15,810/17,994
(Bellamente vs. State Farm - UIM)
D/A: 09/16/94
6) Then on December 23, 1999, Dr. Fremed issued yet a
third paper review, again upon request of Michelle Wall
of Plaintiff Bellamente's medical records.
Specified:
OUR FILE # 29855
YOUR FILE #17,994
(Bellamente vs. State Farm - UIM)
D/A: 09/16/94
Plaintiff Hammel has dissected Dr. Fremed's review of paragraph
5) above in detail, showing the particulars of intentional
misrepresentations of that review, while also exhibiting the
techniques of the fraud, and the trickery and deceit attempting
to hide those techniques and how they are used repeatedly.
In the report, Dr. Fremed fails to mention that he has "reviewed"
the complaint that Hammel wrote to New Jersey DOI on December 04,
1995 on behalf of Bellamente [Exhibit B], in which Dr. Fremed's
IME report was described as "cursory and amateurish", "rife with
farce and folly", "cannot, therefore, in any way, be compared with
the completely scientific and thoroughly professional examinations
of Drs. Adams, Jotkowitz, Pojedinec and Rubin". In Hammel's
complaint to the New Jersey DOI, he also says,
"What is also clear is that the very cursory nature
of Dr. Fremed's examination and his disrespectful report,
has done and continues to do physical, emotional, mental
and financial damage to Mr. Bellamente but has also
certainly, at very least, has ingratiated Dr. Fremed
to State Farm."
Plaintiffs now maintain that, Dr. Fremed's patent viciousness
in the report of paragraph 5) above is explained by his additional
fraud of not disclosing the source of his own incompetence to
write an unbiased review of Hammel's medical records.
Dr. Fremed thereby colors all of his IME report and his paper
reviews with reckless and harmful fraud, deceit and trickery in an
attempt to hide that fraud, that can, in fact, be found therein.
Plaintiffs include here by reference all of the paragraphs
of the accompanying memorandum on the view of paragraph 5)
above entitled:
MEMORANDUM ANALYSIS, ON THE FACE OF IT, OF A REVIEW OF
PLAINTIFF HAMMEL'S MEDICAL RECORDS BY
ERIC L. FREMED, M.D., DATED 06/30/99
where this purported review is dissected on the basis of
documentation, reason, and medical and scientific reality
and shown to be a sham, willfully fabricated in conspiracy with SFI
and its attorneys, Melli, Guerin & Wright for the purpose
of attempting to establish that no permanent physical injuries
of Plaintiff Hammel are a consequence of the MVA of September
16, 1994. Although Plaintiffs will allege as violations of the
predicate acts of RICO in the acts surrounding the production
of this sham, they happen to agree with Dr. Fremed's final
conclusions referring to the accident of September 16, 1994,
that "Dr. Hammel suffered no permanent neurologic injuries as
a result of the accident in question.", and "Mr. Bellamente
suffered no permanent neurologic injuries as a result of the
accident in question.".
The Permanent injuries of all kinds sustained by both Plaintiffs
are a direct result of the patterns of racketeering activities
complained of in this action, in which Dr. Fremed himself was
a very active and willing participant.
II. Conspiracies and Conclusions
Dr. Fremed in conspiracy with SFI, its employee Idiana Murray,
and SFI's attorneys, Melli Guerin & Wright, has produced five (5)
documents of purportedly expert nature to deny Plaintiffs'
meritorious claims on their insurance policy.
In all five written purportedly professional documents, which
have been subitted to an adjudicating body of arbitration,
Dr. Fremed has come to a resoundingly absolute conclusion
that is beneficial and profitable to Defendant SFI, while
disagreeing with every single one of Plaintiffs' treating
physicians, most of whom don't even know of each other, and
who are thus truly independent.
In Dr. Fremed's excessive "reviews" of Plaintiff Bellamente's
medical reports, referring to to documents and MRIs that do not,
in fact, exist he also probes pre-existing conditions for which
either SFM or SFI is also responsible, and which
responsibilities he continues, fraudulently, to deny.
Dr. Fremed, in his reviews of Plaintiff Bellamente's medical
reports from the 1992 MVA, concludes that major injuries stem
from that MVA and not from the MVA of 1994. What Dr. Fremed
fails to acknowledge is that injuries such as concussion as in
any closed head injury, are well known to be cumulative.
Dr. Fremed fails, utterly and totally, to acknowledge anything
that is not expedient to the profit of SFI and of himself.
Around his continuing sequence of his IME report of 1995 and
each of his paper reviews of 1999, revolves a nexus of violations
of predicate acts of RICO, in furtherance of the larger scheme
designed by SFI in consort with SFM to defraud, rob and extort
Plaintiffs, and in so doing has damaged them both greivously.
Respectfully Submitted:
William C. Hammel Alan J. Bellamente
A-11 Moose Branch Road, A-11 Moose Branch Road,
Sweetwater Apartments 1A, Sweetwater Apartments 8A,
Robbinsville, NC 28771 Robbinsville, NC 28771
(828) 479-1547 (828) 479-1547
/S/ /S/
------------------------------- ------------------------------
William C. Hammel Alan J. Bellamente
DATE: February 4, 2000 DATE: February 4, 2000
_______________________________________________________________
EXHIBITS FOR
Memorandum Concerning an IME Report and Various Paper Reviews
by Defendant Eric L. Fremed, M.D., on the Medical Reports by
Physicians Treating both Plaintiffs.
1) On July 25, 1995 IME report on Plaintiff Bellamente
2) On January 5, 1999 Paper Review of Plaintiff Bellamente's
medical records.
3) On June 14, 1999 Paper Review of Plaintiff Bellamente's medical
records.
4) On June 30, 1999 Paper Review of Plaintiff Hammel's medical
records, which is the subject of the following Memorandum
Analasis of A Medical Paper Review By Defendant Eric L.
Fremed, M.D., on Plaintiff Hammel's Medical Records.
5) December 23, 1999, Paper Review of Plaintiff
Bellamente's medical records.
_______________________________________________________________
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Created: February 4, 2000
Last Updated: May 28, 2000