Exhibit B 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.
It was written on behalf of Alan Bellamente because he was
not physically capable at the time.
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, Dr. Sharad Wagle, Dr. Eric Fremed,
individually and as agents, servants and/or
employees of State Farm Insurance Companies:
State Farm Indemnity Company.
By
Dr. William C. Hammel
219 Teaneck Road
Ridgefield Park NJ 07660
(201) 807-0652
On behalf of
Mr. Alan J. Bellamente
219 Teaneck Road
Ridgefield Park NJ 07660
Dear Sirs:
Whenever "State Farm" is used it will mean "State Farm
Isurance 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 Mr. Bellamente's injuries and his
subsequent ill treatment and the lack of treatment about which I
complain.
I 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. Prior to
the accident Mr. Bellamente showed no signs of the symptoms that
became apparent after the accident. He intended to see his
chiropractor Dr. Peter N. Boulukos as soon as possible, which
turned out to be 10 A.M. September 17, 1994, and so declined
x-rays at Holy Name Hospital since he knew that Dr. Boulukos
would take an entire series. Since no gross fracture or
neurological severing was apparent, he was released from the
emergency room with a diagnosis of: auto accident, neck and back
strain, acute cervical sprain. His blood pressure was 160/70,
pulse 92. He was given no medication, and I drove him home.
Chiropractic care seemed the only prudent course at the
time. Mr. Bellamente continued his chiropractic treatment on a
regular basis. On the morning of November 10, 1994, Mr.
Bellamente's right foot failed to support him on the stairs and
he fell. State Farm claims (many of their claims and assertions
have been oral to healthcare providers, not written and not to
its insured, namely Mr. Bellamente) that this fall is not
accident related, yet Dr. Boulukos' own office notes and several
letters, copies of which I have in my possession and are in the
possession of our attorney, explain that the flopping or lack of
of control of the feet and "tripping" were clearly present as a
result of the accident of September 16, 1994 and documented
before November 7 1994.
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, apparently takes days to
find or retrieve. 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 or assistants.
State Farm has simply issued edicts and commands 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.
There are two documents in support of this complaint which
are in my possession and are in the possession of our attorney,
that I find not only distressing but outrageous. State Farm
predicates whatever assertions they happen to be making at the
moment on these reports. Not surprisingly, they are the results
of the "Independent" Medical Examinations demanded by State Farm.
The report of Dr. Wagle, which I have in my possession and
is in the possession of our attorney, is based on a single
interview that was of 20 to 25 minutes in length, and amazingly
comes through errors of fact by leaps and bounds of illogic and
non-sequiturs to exactly the conclusion that would be wanted by
an insurance company who is conspiring to avoid their contractual
agreements. With regard to the psychiatric interview with Dr,
Wagle, Mr. Bellamente states:
"The reason for my psychological treatment was a great fear
of driving. Yet, in order to maintain my benefits from
State Farm I took the earliest possible appointment with Dr.
Wagle, which was at 9:00 AM, in the middle of a time of
great traffic. By the time I arrived at Dr. Wagle's office
at the appointment time, I was already a nervous wreck. The
stress of driving in rush hour traffic had left me with
severe pain in my neck and burning in both shoulder areas.
Upon meeting Dr. Wagle, I became severely discomforted by
the fact that he was of a kind with whom I am not accustomed
to dealing in any way. It was obvious that we had extreme
cultural and philosophical differences.
"I nevertheless attempted to treat him with dignity, as any
well bred American would, despite the fact that my physical
symptoms continued to worsen during the interview to the
point where I had to excuse myself and put my head between
my knees in an attempt to alleviate the pain. I explained
what I was doing, to Dr. Wagle, since I do not know what his
cultural background implies of someone who deliberately
withdraws contact. Only afterwards did it become clear to
me that this combination of factors affected my mind and
judgement in a such a way that I inadvertently gave several
erroneous statements. I could neither think clearly nor
remember accurately. Upon returning home, I immediately
reported this disastrous interview to Jane Savastano at
State Farm. She gave me some weak explanation of how their
doctors are selected and suggested that we wait for the
results of Dr. Wagle's examination before I became
needlessly upset. I was dissatisfied and still upset, so I
called Sandra Romei, Savastano's supervisor who greeted me
quite unctiously. I told her that I was dissatisfied with
the examination and that they should not send fourth
generation Americans to Doctors whose cultural and
philosophical premises preclude the proper evaluation of
even a healthy American psyche, let alone one in difficulty.
She arrogantly accused me of being prejudiced and refused to
speak further with me on this issue. I assured her that
prejudice was not involved, but rather an adult lifelong
study of the premises on which various cultures are based.
I did not know at that time that I had the legal right not
subject myself to further examination once I realized the
already biased and improper nature of this supposedly
independent examiner."
The last paragraph of Dr. Kluger's letter to State Farm
regarding the accident of September 16, 1994 and the denial of
benefits, which is in my possession and is in the possession of
our attorney, states:
"This [Dr. Wagle's report] is a very inaccurate report that
jumps to conclusions based on wrong information and it
appears to me that Dr. Wagle was looking out for his own
motivations rather than to see that Mr. Bellamente continue
to receive proper psychological care for his accident
related symptoms. The patient is still suffering greatly
and is currently in jeopardy of having a 'nervous breakdown'
due to continued symptoms, both physical and psychological
as well a harassment by insurance related issues.
Discontinuing treatment is a grave mistake."
I am in complete agreement with Dr. Kluger's response and
conclusions with regard to the substance of Dr. Wagle's report.
Since Dr. Kluger has seen Mr. Bellamente over many hours in a
therapeutic context, I suggest that his professional knowledge of
Mr. Bellamente's state of mind is considerably better, more
accurate and more detailed than Dr. Wagle's. I propose that Dr.
Wagle's report is in fact a specious fabrication designed in
collusion with State Farm to commit fraud.
The report by Dr. Fremed which was based on an examination
lasting no longer than 15 minutes, rather interestingly,
completely avoids the central issue that is the very conclusion
of Dr. Adam's report. Dr. Adams' report, copies of which I have
in my possession and are in the possession of our attorney, was
based on an exhaustive and meticulous examination that lasted
well over 2 hours. Dr. Adams' conclusive diagnosis, after
ordering a specially tailored MRI of the cervical spine, to
eliminate any doubt, was that there was indeed an impingement of
C5-C6 intervertebral disc on Mr. Bellamente's spinal cord which
was caused by the accident of September 16, 1994.
It is this condition of central impingement that explains
the various bodily pains, the foot flopping and parasthesias that
Mr. Bellamente had been complaining of long before the fall on
the stairs November 10, 1994. The fall was a result of this
condition, and subsequently may have caused an exacerbation of
the already existing condition of central impingement as well as
the cervical radiculopathy evidenced by the electrodiagnostic
studies of Dr. Jotkowitz, copies of which I have in my possession
and are in the possession of our attorney.
Dr. Fremed suggests in his report, copies of which I have in
my possession and are in the possession of our attorney, a
possible peripheral neuropathy unrelated to the accident. This
is precisely what Dr. Adams' further blood and electrodiagnostic
work has eliminated.
Dr. Fremed states in his report section entitled "Physical
Examination", that the results of his various movement tests and
pin prick tests were "clearly non-neuroanatomic in nature". Dr.
Adams explains that a central impingement (precisely what Dr.
Fremed seems bent on denying) can cause results anywhere below
that impingement. Dr. Adams also points out that vascular
changes caused by the impingement can also cause neurological
effects above the point of impingement.
On page 2 paragraph 2 of his report, Dr. Fremed states,
"I agree with the radiologist that there was degenerative
disc disease, most prominent at C5-6, and a mild central
canal stenosis. Bulging of the disc material was noted at
multiple levels, but no focal disc herniation or nerve root
impingement was noted."
Yet noted in the MRI report of August 3, 1995, which is in
my possession and in the possession of our attorney, is,
"At the C5-C6 level, there is a moderately advanced
degenerative disc disease with loss of disc height and T-2
signal accompanied by end-plate osteophyte formation which
is asymmetric to the left. THIS CAUSES COMPRESSION OF THE
ANTERIOR THECAL SAC AND MILD MASS EFFECT ON THE UNDERLYING
CORD. However, there is no DEFINITE evidence of abnormal
signal within the cord at this level to suggest myelomalacia
or other myopathic condition. THERE IS DEGENERATIVE
NARROWING OF BOTH NEURAL FORAMINA, MORE PRONOUNCED ON THE
LEFT." [Caps. - mine]
An examination of Cervical MRI plates shows a compression
and torsion of the spinal cord. This was shown to me and
explicitly explained by Dr. Rubin. The various reasons that Dr.
Fremed gives for saying that "Mr. Bellamente's examination is
indicative of intentional embellishment of symptoms." are
perfectly well understood otherwise, by accepting the concordant
diagnoses of Drs. Adams, Pojedinec and Rubin, which happens to be
supported by empirical and quantifiable evidence, copies of which
are in my possession and are in the possession of our attorney.
What is clear, is that Dr. Fremed's cursory and amateurish
examination is rife with farce and folly and cannot, therefore,
in any way, be compared with the completely scientific and
thoroughly professional examinations of Drs. Adams, Jotkowitz,
Pojedinec and Rubin, copies of each of whose comments are in my
possession and in the possession of our attorney. 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.
As in the case of Dr. Wagle's report, Dr. Fremed also comes
to exactly the conclusion that would be wanted by an insurance
company who is conspiring to avoid their contractual agreements.
My compliments to Dr. Fremed for being a bit more artful in his
dodge of the obvious truth.
In Mr. Bellamente's examination by neurosurgeon Dr. Rubin,
at which I was present in the capacity of Mr. Bellamente's
healthcare surrogate, I asked two questions, the answers to which
I am not about to forget. First question: "Can you assess the
probability that the diagnosis of central impingement is in fact
correct?" Dr. Rubin's answer: "In the 25 years that Dr. Adams and
I have worked together, I have never known him to be wrong."
Second question: "Given that the diagnosis is correct, what is
the prognosis without the surgery?" Dr. Rubin's answer: "Think of
Christopher Reeve." My response: "Delay in the surgery will
probably worsen the condition." Dr. Rubin's response: "Yes, most
probably."
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.
Because of the aforementioned severe mental problems, caused
by the accident of September 16, 1994 and the continuing
harassments and deprivation of treatment, both physical and
psychological, Mr. Bellamente had to resign his position as
conservator to his elderly aunt Edna M. Clough, to which he was
appointed by the Supreme Court of the State of New York, County
of Nassau, in 1988 and which paid him substantial annual
commissions.
Mr. Bellamente and I both work at the same business, a video
store which has now become our only source of income thanks to
the rather sick games being played by State Farm, its agents,
servants and/or employees. We must both work somehow, and decide
on the basis of who hurts the least at any given moment. The
financial damages caused by State Farm, its agents, servants
and/or employees, continue to accumulate. The physical damages
worsen, and the stress level caused by having to deal with
business, pain, the intolerable behavior of State Farm, its
agents, servants and/or employees have themselves become
intolerable.
I am, therefore, accusing State Farm Insurance Companies:
State Farm Indemnity Company, its agents, servants and/or
employees, of:
1) Intentional, premeditated and calculated Fraud;
2) Intentional, premeditated and calculated Breech of contract;
3) Reckless and premeditated endangerment of Mr. Bellamente's
life, limb and well being;
4) Intentional, premeditated and negligent infliction of
irreparable physical damage;
5) Intentional, premeditated and negligent infliction of severe
mental distress and mental illness as defined in DSM IV, so
as to require treatment and medication by a physician, a
psychiatrist, a psychologist;
6) Intentional, premeditated and negligent infliction of
considerable financial damage, and;
7) Violations of the Fair Claims Act.
___________________________________ ___________________________________
Dr. William C. Hammel Notary Public
DAMAGES TO MR. ALAN J. BELLAMENTE IN COMPLAINT AGAINST
STATE FARM INSURANCE COMPANIES: STATE FARM INDEMNITY COMPANY,
IT AGENTS, SERVANTS AND/OR EMPLOYEES.
Mr. Bellamente suffers continued Impingement of C5-C6 disc
on the spinal cord, with worsening pain and parasthesia in both
arms down to the hands. He further suffers continued cervical
radiculopathy exacerbating and enhancing the above condition. He
further suffers worsening parasthesia in in the lower extremities
and elsewhere in the neck and torso.
Dr. Robert C. Rubin, neurosurgeon in this case has stated
that eventual prognosis with this condition is paralysis from the
neck down. The delay of the necessary surgery caused by the
unwarranted denial of P.I.P. benefits that State Farm, its
agents, servants and/or employees have caused by its continuing
intentional, premeditated and calculated fraud, has already
caused considerable and irreparable physical damage to Mr.
Bellamente and will continue to cause even more irreparable
physical damage so long as their deliberate fraud is permitted to
be perpetrated.
Whenever "State Farm" is used it will mean "State Farm
Insurance Companies: State Farm Indemnity Company, their agents,
servants and/or employees."
The radiological and electromyeographic evidence as well as
the concordance of three experts Dr. David J. Adams, neurologist,
Dr. Robert C. Rubin, neurosurgeon and Dr. John F. Pojedinec,
orthopedic surgeon, with over twenty-five years experience in
this particular area notwithstanding, State Farm and in
Particular Jane Savastano, Sandra Romei, Veronica Wade and Idiana
Murray have continued to claim, alternately, that there is
nothing wrong with him, that he is faking, or that the damage is
not accident related. Evidence that none of this is true, is in
their possession, my possession and the possession of our
attorney.
Mr. Bellamente suffers persisting pain that can only be
partially diminished with high doses of prescribed powerful
anti-inflammatory medications. Continuation of these medications
is known to cause possible damaging effects on both the
gastrointestinal tract as well as the liver and kidneys.
The continuing impingements on both the cervical nerve and
the spinal cord itself requires surgical intervention; every day
that this intervention is prohibited and delayed reduces the
chance of recovery after surgery, worsens the damage already
done, and increases his panic over the dire prognosis. Due to
the Post Traumatic Syndrome resulting from the accident of
September 16, 1994, which he does indeed suffer, contrary to the
confused report of Dr. Wagle, he has sought Psychotherapy and has
taken a prescribed anxiolytic (klonopin) as well as a prescribed
antidepressant (effexor), the long term uses of which are
unknown. That the term of usage is longer and that the dosage is
higher is a direct result of the fraud perpetrated and being
perpetrated by State Farm. For in addition to the Post Traumatic
Syndrome resulting from the aforementioned accident and the
extension thereof deliberately caused by State Farm, there is the
anxiety, depression and inability to concentrate, erratic
behavior and confusion caused by malicious denial of benefits to
Mr. Bellamente and the panic caused by the uncertainty of his
future physical state.
These named agents, servants and/or employees of State Farm
have conspired with malicious and intentional negligence to
inflict on Mr. Bellamente, through State Farm, not only
continuing physical and psychological damage and the growing
irreparability of that damage and pain, that leaves Mr.
Bellamente in a condition where the simplest necessary activities
of life such as washing and cleaning leave him exhausted and with
even more pain. Since September 16, 1994 he has lived with a
level of mental distress, insomnia and anxiety and panic, indeed
mental illness as defined in DSM IV, so severe as to require
treatment by a psychologist, psychiatrist and a physician, and
severe enough to demand prescribed medication in the form potent
antidepressants and anxiolytics.
When Mr. Bellamente no longer has the need of the various
medications that have been necessitated by the malicious,
deliberate, premeditated and calculated fraud, and there are
residuals caused by these medications, we will hold State Farm
Companies, State Farm Indemnity, its agents, servants and/or
employees collectively and individually responsible.
It was Dr. Rubin's considered and expert opinion that if the
surgery were performed when it was to be scheduled, and that was
in the last week of September 1995, that there would be no
residual consequences of the existing central and radicular
impingements.
When the surgery is performed, we will hold State Farm
Companies, State Farm Indemnity, its agents, servants and/or
employees collectively and individually, wholly responsible for
such residual impairments.
The combination of the results of the accident of September
16, 1994, physical and mental damage, necessitating medications
and denied surgery, together with the additional, physical and
mental damage, caused by State Farm, necessitating further
medications and further modes of physical and psychological
treatment has left Mr. Bellamente unable to maintain occupation
or any reasonable quality of life.
Mr. Bellamente's mortage is being foreclosed, so he will
shortly have no place to live unless he relies on the charity of
friends, and a consequent move from the state of New Jersey,
which he can ill afford to make, financially, physically or
mentally.
We demand immediate reinstatement of P.I.P. benefits,
according to contract and the Fair Claims Act.
We demand compensation, beyond and excluding P.I.P.
benefits, for all damages already caused by the unwarranted and
fraudulent actions of 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 CAUSED BY THE FRAUDULENCE OF STATE FARM:
Damages Incurred by any malfeasances
due to his state of mind caused by
mental, physical, emotional and
financial abuses of State Farm $ (unknown)
Damages Incurred his Conservatorship $ (unknown)
Loss of Conservatorship Earnings $ 7500.00
Loss of Home Equity on Forclosure $ 15000.00
Cost of Relocation $ 6000.00
Professional Services incurred by the
fraudulence of State Farm $ 2500.00
Subtotal: $ 31000.00 +
We further demand that all future "Independent" Medical
Examinations be mutually agreed upon, truly independent, and
not fraudulent farces, as has been the case hitherto, with the
examinations by Dr.Wagle and Dr. Fremed.
OUT OF POCKET EXPENSES RELATED TO THE ACCIDENT:
Upgrade Car rental during repair of Grand Marquis
necessitated by Post Traumatic driving anxiety
which precluded use of a compact car
$ 393.90
Prescribed Medications $ 1224.68
Subtotal: $ 1618.58
UNPAID MEDICAL BILLS:
Teaneck Radiology Center $ 4554.95
Dr. Peter N. Boulukos $ 5970.00
Dr. Seymour E. Strum $ 950.00
Dr. Peter H. Schmaus $ 170.00
Dr. Albert Stabile $ 240.00
Dr. David J. Adams $ 350.00*
Dr. Seymore Jotkowitz $ 250.00*
Dr. John F. Pojedinec $ 250.00*
Dr. Robert C. Rubin $ 147.00
Dr. Gary Alweiss (Willner) $ 285.00
Dr. Paul S. Sender $ 275.00*
Dr. Martin A. Kluger $ 3315.00*
Subtotal: $ 16756.95
TOTAL: $ 49375.53 +
* Not Immediately available, and estimated
We are demanding that these out of pocket expenses and
outstanding bills be paid according to contract together
with the interest that is due according to law.
We further demand compensation for the damages, past,
present and future, done to Mr. Bellamente by the intentional,
negligent, and malicious fraud perpetrated by State Farm, and any
and all consequences thereof, past, present and future.
___________________________________ ___________________________________
Dr. William C. Hammel Notary Public
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Created: August 13, 1999
Last Updated: May 28, 2000