Insurance companies
across the United States are out of control and running amok trampling over the
human and civil rights of disabled American people.
Nationwide Mutual Fire
Insurance Company is by far the worst offender.
Nationwide takes State
Farm’s malicious targeting of an adult Autism vaccine injury victim to new
levels. Lets look at the malice and false advertising of Nationwide Mutual Fire
Insurance Company, and the sick and morally bankruptcy malice of its lawyers.
And this is a WARNING
to ANYONE WHO SIGNS A SETTLEMENT AGREEMENT with Nationwide Mutual Fire
Insurance Company – BEWARE THAT DECEPTIVE TACTICS OF NATIONWIDE TO CHEAT YOU
AFTER YOU SIGN A SETTLEMENT AGREEMENT WITH THEM.
As most everyone who
follows my Internet presence knows, I am an adult with an Autism vaccine injury
that was inflicted on me at between 12 and 15 months of age.
So, first of all, it is
an EXTRORDINARY INJUSTICE and IRRATIONAL THINKING to blame me for being at
fault for causing my autism vaccine injury disabilities.
I was a BABY when they
were inflicted on me - *GET THAT,* Nationwide and Trevor Rhodes and Lauren
Haynes of the Banker Lopez Gassler, P.A. law firm in Tampa, Florida (an Autism
abusive law firm).
People with Autism
vaccine injuries, like everyone else, can and do get personal injuries from
other causes.
During 2004 I was
injured while loading a vehicle that was struck from behind when I was almost
dragged under it and car parts struck me from the crash. I made an insurance
claim on Nationwide Mutual Fire Insurance Company to pay for my medical care
from the accident. My husband was also injured in the accident while sitting in
the vehicle that was struck from behind at about 60-70 MPH by an uninsured
motorist, Nathaniel May, and my husband's father who was also in the vehicle
subsequently deteriorated as a result of the injuries he suffered and died.
Our lawyer, David
Ristoff, told my husband we had a good and valid insurance claim against
Nationwide for the full policy limits (which were $100,000 for uninsured
motorist for my husband and $100,000 uninsured motorist for me).
Nationwide acted in
extreme bad faith and refused to pay the claim for a very long time, making
“low ball” offers of $25,000 and less, delaying and dragging out the claims process
and subsequent lawsuit filed against Nationwide to pay the 2004 insurance
benefits for years.
While the 2004 lawsuit
was pending against Nationwide, my husband and I were struck from behind on
January 5, 2008 while stopped at a railroad crossing in Clearwater, Florida, at
about 45-50 MPH by an underinsured motorist, Antonio D’Angelo. Mr. D’Angelo
almost pushed our vehicle into the vehicle stopped in front of us, and both vehicles into the passing train. My passenger seat restraint broke on impact, throwing
me into the interior of the vehicle, inflicting a significant brain injury on
me.
Following the January
2008 car accident brain injuries, I was having extreme difficulty being able to
communicate with and assist my lawyer, David Ristoff, so his “solution” was to
abandon me as his significantly brain damaged client and dump me into the
Florida state court system with no Title II Americans With Disabilities Act
reasonable accommodations or any other lawyer to help me.
Nationwide acted in
“bad faith” pushing me around in the 2004 lawsuit while knowing of the extent of my Autism and
brain injury disabilities, and chose the tactics with respect to the January 2008 claim of not asking for any
Independent Medical Examination (“IME”) but instead accepted my medical doctors
findings and reports.
Nationwide, whose
advertising slogan “Nationwide is on Your Side,” has clearly demonstrated by its acts and conduct that its
advertising slogan is FALSE ADVERTISING, and showed its TRUE COLORS as the
vicious and nasty “bad faith” insurance company that it is.
Nationwide’s lawyers in the 2004 lawsuit,
led by Scott Albee and Gerald Biondi (who subsequently got off the case), began
targeting, abusing, and attacking me as a person with Autism and now a
significant brain injury with abusive lawyer tactics -- they intentionally refused to provide
Americans With Disabilities Act reasonable accommodations for my Autism and
brain injury disabilities so they could exploit the failure to accommodate in
the 2004 lawsuit and they began raising “frivolous” and “vexatious” and
“harassing” “sanctions” arguments against my husband and I in the Court hearing
the 2004 lawsuit to try to intimidate and coerce us “to drop the lawsuit.”
Meanwhile, I
accumulated over $100,000 in medical bill for the medical care that began
following the January 2008 car accident and significant brain injuries
inflicted on me along with my efforts to separate out the underlying Autism vaccine
injury condition from the new car accident brain injuries, all of which Nationwide began
reviewing during 2008-2009.
During February/March
2009, State Farm insurance company settled the January 2008 car accident claim
in good faith on behalf of its insured, Antonio D’Angelo. But Mr. D’Angelo was
an underinsured motorist, and the settlement was not enough to pay for the full
damages of my January 2008 car accident injuries. Nationwide approved of the settlement with State Farm.
But, incensed by the
revelation I am an Autism vaccine injury victim, Nationwide’s vicious attacks
on me by its lawyers in the 2004 lawsuit pending in the Florida state court
escalated. I filed a counter-claim lawsuit against Nationwide in the 2004
lawsuit (which was consolidated), for their Americans With Disabilities Act
refusal to accommodate violations and for the intimidation and coercion of
abusing me as a person with Autism and brain injuries they knew about by
attacking me with “frivolous” and “harassing” and “vexatious” and “sanctions”
accusations.
Such malicious abuse of
a severely disabled person with Autism vaccine injury and added significant
brain injuries clearly ran afoul of Florida’s strong policy against vulnerable
adult disabled abuse. But Nationwide didn't care about that.
Nationwide defaulted
and failed to file any Answer to my counter-claim for the disability abuse in
the 2004 lawsuit, consolidated, and on April 28, 2010, Nationwide settled the
2004 lawsuit with my husband and I, promising in exchange for my husband and I
reducing our $200,000 damages claim for the 2004 lawsuit to: (1.) pay us
$20,000 each (for a total of $40,000); (2.) agree to pay the $100,000 2008
underinsured motorist benefits due for the January 2008 car accident because I
already had over $100,000 in medical bills accumulated from the 2008 accident;
(3.) to provide me the Americans With Disabilities Act reasonable
accommodations I require at all times in the future; (4.) to never force me to
have to file another lawsuit against Nationwide to get my money; and (5.) to
never attack me at any time in the future anywhere and in any other lawsuit
with “frivolous,” “harassing,” “vexatious” accusations or seek or get
“sanctions” (because Nationwide recognized that this was, essentially, beating
up on a severely disabled person who is unable to defend themselves).
The 2010 settlement
agreement release further provided that in consideration for a settlement
payment of $20,000 to my husband, David F. Petrano, and $20,000 to me, that
NATIONWIDE MUTUAL FIRE INSURANCE COMPANY exchanged mutual, general releases and
made various covenants, including the following:
“fully
release, remise, and forever discharges one another and its officers,
employees, for, from and against any and all claims, lien, demands, causes of
action, controversies, offsets, obligations, losses, damages, liabilities of
every kind and character, whatsoever, including, without limitation, any act or
action, omission, misrepresentation, or implicating in any way the medical and
Social Security records inaccuracies and disputes, or any other basis of
liability, fault, or wrongdoing, founded either in tort, contract, equity,
disciplinary, quasi-criminal or criminal, and the duties arising thereunder,
for which the Parties have had in the past or now have, whether known or
unknown, whether asserted or unasserted, by reason of any matter or cause, or
thing set forth in, relating to, or arising out of, or in any way connected
with or to all claims growing out of the Nationwide Automobile Insurance Policy
Number 786466 and resulting from the automobile accident which occurred October
18, 2004, … Pinellas County, Florida, with claims pending in the Circuit Court
of the Sixth Judicial Circuit in and for Pinellas County, Florida, Case Nos.:
06-8593-CI and 08-015758-CI.”
Nationwide, through its
lawyers, stipulated to the 2010 settlement agreement, and final adjudication
upon it in the Petranos v. May and
Nationwide, Sixth Judicial Circuit of Florida, (consolidated) Case No.
06-008593-CI and 08-15758-CI lawsuit.
CHEATING, DECEPTION, AND “BAD FAITH” ATTACKS ON AN AUTISM VACCINE
INJURY VICTIM BY NATIONWIDE – RENEGER OF THE SETTLEMENT AGREEMENTS
NATIONWIDE SIGNS:
Following entering in
the 2010 settlement agreement with me, Nationwide began a vicious and malicious
systematic targeting of me as a person with an Autism vaccine injury who
Nationwide realized had a substantial brain injury claim for the January 2008
accident that Nationwide did not want to pay for – WHY ? Because Nationwide is
a bad insurance company that doesn’t pay for the claims its insured pay
premiums to have insured with Nationwide.
And also because my
Autism vaccine injury incensed Nationwide.
The renewed attacks on
me by Nationwide began when Nationwide in “bad faith” refused to pay my medical
doctors the $100,000 underinsured motorist benefits for the January 2008 car
accident they had promised they were going to pay under the 2010 settlement
agreement. They did this to get my medical doctors to cut off my medical care
for significant brain injuries inflicted on me in the January 2008 car accident
– JUST LIKE THE NFL, WITHOUT REGARD TO THE NEUROLOGICAL DAMAGE SECONDARY
CASCADING EFFECTS OF THE BRAIN INJURIES WOULD INFLICT ON ME LEFT UNTREATED.
Nationwide was FULLY
AWARE that such intentional acts on its part of cutting off and leaving
untreated a significant brain injury such as that documented by my medical
doctors could – as seen in NFL players with brain injuries, left untreated,
cause Chronic Traumatic Encephalopathy (“CTE”).
Nationwide DIDN’T CARE, because Nationwide is the WORST INSURANCE
COMPANY IN AMERICA, and Nationwide’s Advertising Slogan “Nationwide is on Your
side” is KNOWINGLY FALSE ADVERTISING.
Nationwide told me that to be able to get my medical care for the significant brain
injuries inflicted on me in the January 2008 car accident (that were NOT MY
FAULT), I “would have to sue,” and they told me this through their lawyer, Carl
B. Schwait, who sits as Chair of The Florida Bar’s Disciplinary Committee,
while KNOWING that this breached the 2010 settlement agreement I entered into
with Nationwide.
My husband and I waited until the last hour of the last day before the
statute of limitations would have run to sue Nationwide. Nationwide told me I
would have to sue them in Alachua County, Florida where Carl B. Schwait’s law
firm is located to “forum shop,” even though the car accident happened in
Clearwater, Florida in Pinellas County.
As soon as I sued Nationwide, Nationwide changed law firms from
the law firm that was representing it when Nationwide entered into the 2010
settlement agreement with me. It is clear that Nationwide did so as a DECEPTIVE
tactic to CHEAT ME out of the $100,000 money on the January 2008 car accident
claim that Nationwide had promised it would pay me under the 2010 settlement
agreement, if my husband and I would take $160,000 less on our 2004 claim.
Nationwide hired the Banker Lopez Gassler, P.A. law firm of Tampa,
Florida, 501 E. Kennedy Blvd., Suite 1500, Tampa, Florida 33602, (813)
221-1500, and its lawyers, Trevor Rhodes, Florida Bar No. 0020573, and Lauren
Haynes, Florida Bar No. 0085105.
Nationwide’s lawyers acted with others to remove the case to federal
court in Gainesville, Florida (to make sure it manipulated the case to a Court that was not familiar with the prior lawsuits between Nationwide and myself that went against Nationwide), where it was assigned to United States Magistrate
Gary R. Jones and Chief Judge M. Casey Rodgers.
Nationwide’s lawyers immediately KNOWINGLY MADE FALSE STATEMENT OF FACT
to United States Magistrate Gary R. Jones and Chief Judge M. Casey Rodgers that
I am “a licensed member of the Florida and California Bar” amid accusations of
the same “frivolous,” “harassing,” “vexatious” tactics that Nationwide had agreed
under the 2010 settlement agreement with me it WOULD NEVER RAISE AGAIN to get
$43,316 in “sanctions” against me because (as Nationwide's TOTALLY FALSE STORY WENT) as “a licensed lawyer” I “knew
better” than to “bring a frivolous lawsuit” to collect the money Nationwide had
promised to pay me under the 2010 settlement agreement it entered into with me.
At the time Nationwide and it lawyers FALSELY TOLD UNITED STATES FEDERAL
JUDGES I WAS “A LICENSED LAWYER,” they KNEW just exactly the opposite was
true: that I am an autism vaccine injury victim, whose medical doctor
(Michael W. Hoffmann, M.D. of the University of South Florida) diagnosed
“markedly limited verbal abilities,” whose other medical doctor (Loren Bartels,
M.D./FACS) diagnosed: “she is unable to type and produce usable material.
Written pathways to self-produced language are for her, not comprehensible,”
and my significant brain injuries left untreated by Nationwide caused blindness.
At the time Nationwide and it lawyers FALSELY TOLD UNITED STATES FEDERAL
JUDGES I WAS “A LICENSED LAWYER,” they KNEW their FALSE PORTRAYAL of me was of a person
with autism in the face of the significant danger of death from
wandering, drowning, or other’s physical attacks upon the Autistic person upon
experiencing the Autistic behaviors -- and that their FALSELY PROCURED "sanctions" enhanced this autism danger.
Nationwide and its
lawyers by DECEPTION and CHEATING and FALSE STATEMENTS THEY MADE TO UNITED
STATES FEDERAL JUDGES, not only obtained $40,316 “sanctions” against me that
were barred by the 2010 settlement agreement entered into with me by
Nationwide, but also did so against an autistic person to take the money away
from her and her autism family needed to prevent autism wandering dangers.
Nationwide and its lawyers KNEW at the time
they FALSELY TOLD UNITED STATES FEDERAL JUDGES I (A PERSON WITH AUTISM) WAS “A
LICENSED LAWYER” that there is a substantial body of publicly available
knowledge that people diagnosed with Autism cannot be left unsupervised or
thrown on the streets by “sanctioning” them and taking away their Autism care
and safety money without danger to their lives:
See Samantha Driscole, Autism insights on
Wandering, Facebook, January 31, 2011 (“92
percent of children and adults with autism wander and this can be both
dangerous and deadly. This is largely due to the fact that individuals on the
spectrum often have an impaired sense of danger. Many individuals on the
spectrum maybe drawn to large bodies of water and will play in and may attempt
to swim. They don’t take into account current, under toe or sudden drop off or
if they can swim. The number one cause of death in autistic adults and children
who wander is drowning. … Wandering can very
dangerous and deadly when an individual wander they could be in immediate
danger!”); Lori McIlwain, Wendy Fournier,
Lethal Outcomes In Autism Spectrum Disorders (ASD) Wandering/Elopement, National
Autism Association, January 20, 2012
(“Wandering/elopement tendencies in those with an ASD have tragic consequences.
While lethal outcomes are preventable, awareness, education and resources
remain scarce. Developing initiatives aimed at increasing awareness and
resources would likely reduce wandering/elopement deaths in the ASD
population.”); AWAARE Formed to Prevent Wandering-Related
Deaths in Autism Community, AutismSpeaks, July 7, 2014
(“While there has been no official tracking of wandering-related incidents
involving individuals diagnosed with autism, in an online poll conducted by NAA
in 2007, 92% of parent respondents said their children with autism have a
tendency to wander away from safe environments. A 2008 study from Denmark found
that the mortality rate within the autism population is twice as high as in the
general population. In 2001, a California research team attributed elevated
death rates among people with autism in large part to drowning…. In addition to
educating parents and caregivers, AWAARE is reaching out to first responders to
increase their understanding and adjust their response mechanisms for autism elopement.
"It is our hope that law enforcement and other first responders will
devise strategies for dealing effectively with wandering-related incidents when
they occur in their own communities…"); Dennis Debbaudt, Plan Your
Response to an Autism Emergency
(“Children and adults all over the world wandered from care and into danger. Leading
causes for concern are children and adults who run away or wander from parents
and care providers. Tragically, children and adults with autism are often
attracted to water sources such as pools, ponds, and lakes. Drowning is a
leading cause of death for a child or adult who has autism. Wandering can also
lead to high risk field contacts with law enforcement or members of the general
public.”); Autism Safety Tool Kit
(“A leading cause for concern are children and adults who run away or wander
from parents and care providers. Tragically, children and adults with autism
are often attracted to water sources such as pools, ponds, and lakes. Drowning
is a leading cause of death for a child or adult who has autism. Wandering can
occur anywhere at anytime. … If wandering is a concern, contact law
enforcement, fire and ambulance agencies.”); Jennifer Hlusko, Autism
Wandering, Mar. 22, 2014
(“Children and adults with autism wander from
all types of settings, such as educational, therapeutic, residential, camp
programs, outdoor, public places, and home settings, including relatives and
babysitters’ homes. … Autism is a diagnosis that represents many symptoms, some
of which can lead to serious health and safety risks, including death. In 2008,
Danish researchers found that the mortality rate among the autism population is
twice as high as the general population. In 2001, a California research team
attributed elevated death rates in large part to drowning. Drowning, prolonged
exposure, and other wandering-related factors remain among the top causes of
death within the autism population.”); Paul Law, Connie Anderson, IAN RESEARCH REPORT: ELOPEMENT AND WANDERING, Kennedy Krieger Institute, Apr. 20, 2011
(“People with autism spectrum disorders (ASDs) often “elope,” “wander,”
or “bolt” from safe spaces. This behavior can be dangerous, and there have been
many reports of fatalities, yet virtually no research has been focused on this
subject. Recognizing the urgent need for information and intervention, the
Autism Research Institute, the Autism Science Foundation, Autism Speaks, and
the Global Autism Collaboration partnered with the Interactive Autism Network
(IAN) to create a national survey on elopement in ASD. … Preliminary results of this
first ever investigation of elopement behavior in autism are shared to provide
critical information for families, advocates, policy makers, and scientists. …
The autism community uses many terms to describe the fact that children and
dependent adults with ASD depart safe spaces to put themselves in harm’s way.”); Jennifer Cerbasi, Avonte Oquendo’s tragic death
highlights the need for autism education, FoxNews, January 29, 2014 (“As
the tragic end to the story of missing 14-year-old Avonte Oquendo unfolded in
New York, the very serious issue of children with autism who have a tendency to
wander is again brought to light. … Eloping, also referred to as
bolting, darting, or running, is a potentially dangerous behavior that has led
to 22 deaths in just 20 months between 2009 and 2011, according to the National
Autism Association. Of those 22 deaths,
20 were caused by accidental drowning and two were hit by vehicles. The danger
of elopement comes in many forms; from running into traffic to going with a
stranger, the hazards are around every corner.”); Anne Dachel, Fox San Antonio: Another wandering death…just a part
of autism, FoxNewsSanAntonio, June 5. 2014
(“A community is mourning after an autistic boy was killed while walking on a
busy highway.Southwest Independent School District confirms sixteen-year-old
Jeffrey Perez died after being hit by several cars Monday morning. The special
needs student at Scobee Middle School was spotted walking along the center
stripe of Loop 410 near Somerset Road during rush hour traffic. Investigators
say Perez left his home in the middle of the night and started to wander.“).
Nationwide and its lawyers KNEW at the time
they FALSELY TOLD UNITED STATES FEDERAL JUDGES THAT I (A PERSON WITH AUTISM)
WAS “A LICENSED LAWYER” that ANYONE who made any
reasonable investigation inquiry into autism wandering dangers and death could
have put the search terms “adult with autism wandering death” into a
Google search on the Internet and it would have returned approximately
363,000 results.
I have never
been “a licensed lawyer” anywhere one day in my life.
I have now
been left for 5 1/2 years without any medical care and treatment for the
significant brain injuries inflicted on me in the January 2008 car accident.
In addition
to FALSELY TELLING UNITED STATES FEDERAL JUDGES THAT I (A PERSON WITH
AUTISM) WAS “A LICENSED LAWYER,” Nationwide also told the United States Federal
Judges that I “had no insurance policy” with Nationwide, “no claim” for the
January 2008 car accident, and that it was “insurance fraud” – all of which
were KNOWINGLY FALSE STATEMENTS OF FACT designed for purposes of DECEPTION and
to CHEAT ME, and a breach of the 2010 settlement agreement Nationwide entered
into with me.
When Nationwide was confronted with these
lies, and AFTER IT GOT THE UNITED STATES FEDERAL JUDGES TO “SANCTION” ME
$40,316 in breach of the 2010 settlement agreement I had with Nationwide,
Nationwide’s lawyers, Trevor Rhodes and Lauren Haynes told the United States
Federal Judges that the “sanctions” should stand because ‘even if I had a valid
insurance policy and a valid claim that Nationwide refused to pay,’ because IT WAS NOT
THE CONTENT OF WHAT I SAID BUT HOW I SAID IT THROUGH MY AUTISTIC SPEECH
that “justified” "punishing" me with the “sanctions” and that the “sanctions” had to be entered
against me “for deterrence.”
“Deterrence” of what, EXACLTY ?
I am severely Autistic. I have an Autism
vaccine injury inflicted on me as A BABY, that WAS NOT MY FAULT.
I cannot “NOT BE AUTISTIC.”
I am not PHYSICALLY OR NEUROLOGICALLY
CAPABLE of speaking and writing “NOT AUTISTICALLY.”
All I asked for WAS TO GET MY MEDICAL CARE
NATIONWIDE HAD ALREADY PROMISED TO PAY. That “justified” “sanctioning” me
$40,316.
Nationwide, THE WORST INSURANCE COMPANY IN
AMERICA, “sanctioned” me all the money I have and probably will ever have to
care for my Autism vaccine injury and the significant brain injuries Nationwide
left untreated TO “DETER” ME FROM SPEAKING AND WRITING AUTISTICALLY TO ASK
FOR HELP TO GET MY MEDICAL CARE.
And they did so in breach of the 2010
settlement agreement I entered into with them, and the final state court
judgment in the Petranos v. May and
Nationwide, Sixth Judicial Circuit of Florida, (consolidated) Case No.
06-008593-CI and 08-15758-CI lawsuit that BARRED THE FEDERAL COURT THAT
“SANCTIONED ME” FROM “RELITIGATING” AND “REVIEWING” AND “CHANGING THE RESULT”
of the prior state Court lawsuit that went against Nationwide on Rooker-Feldman grounds (depriving the
Federal Court of subject matter jurisdiction).
Nationwide’s despicable and dishonest
lawyers, the Banker Lopez Gassler, P.A. law firm (a “spin-off” of the insurance
defense group of Fowler White Boggs Banker, P.A. of Tampa, Florida), Trevor
Rhodes, and Lauren Haynes, continue to press their “sanctions” against me in
multiple other Courts I have asked to enforce the 2010 settlement agreement and
the final state court judgment in the Petranos
v. May and Nationwide, Sixth Judicial Circuit of Florida,
(consolidated) Case No. 06-008593-CI and 08-15758-CI lawsuit that BARRED THE
“SANCTIONS.”
Nationwide and it lawyers are threatening
to ask the United States Federal Judges they LIED TO as described in this post,
to “hold” me “in contempt” for my severe Autism vaccine injury and inability to
“pay the sanctions” and “put me in federal prison” for not being able to pay,
and to take everything away from me including the medical property and funds
that pay for my Autism vaccine injury and brain injury care and special needs that
remain very underfunded. THAT is "Nationwide" who "is on Your Side."
What people need to understand about
Nationwide Mutual Fire Insurance Company if you are a policyholder or are thinking of doing business with them is this:
1.)
NATIONWIDE
will RENEG after it signs a settlement agreement with you –
their settlement agreements are not worth the paper they are written on;
2.)
NATIONWIDE is an insurance company that will
VICIOUSLY attack Autism vaccine injury victims the moment Nationwide learns
the person has an Autism vaccine injury TO DESTROY THAT AUTISTIC PERSON’S LIFE;
3.)
NATIONWIDE’S advertising slogan “Nationwide is
on Your Side,” is FALSE ADVERTISING;
4.)
NATIONWIDE will LIE TO FEDERAL JUDGES to
DECEIVE and CHEAT YOU OUT OF MONEY THEY PROMISED TO PAY YOU and RUIN YOUR
LIFE simply for ASKING FOR YOUR MEDICAL CARE FOR A BRAIN INJURY;
5.)
NATIONWIDE will make you promises in settlement
agreement Nationwide HAS NO INTENTION OF KEEPING;
6.) NATIONWIDE is the WORST INSURANCE COMPANY
IN AMERICA.
If you want to do business with Nationwide,
YOU HAVE BEEN WARNED.
