MIAMI – A federal appeals court ruled on Tuesday that an Ohio man could be held accountable for violating his Ohio Medical Card Act.
A panel of the 6th U.S. Circuit Court of Appeals said the man, who had no criminal record, was not required to get an Ohio medical card when he was discharged from the state’s intensive care unit after suffering a severe allergic reaction to the food in his car.
The appeals court found that the man’s attorney had failed to state a claim on which he could have qualified as an injured party.
“There is nothing in the Act that specifically authorizes an injured person to seek a medical or legal privilege to seek reimbursement of expenses incurred as a result of his illness,” the court said.
In 2014, a federal appeals panel in New York ruled that a man who suffered from chronic pain had a right to receive medical care under a state medical insurance program.
He sued the state of Ohio over the medical card program, which he said was discriminatory and did not allow him to seek medical care.