Harvey Weinstein hospitalized after ‘alarming blood test,’ attorney says
National Legal News
Harvey Weinstein was hospitalized Monday following an “alarming blood test,” his attorney said, less than a week after the disgraced movie mogul filed a legal claim alleging substandard medical care at New York City’s notorious jail complex.
Weinstein, 72, was sent to Bellevue Hospital in Manhattan for an “emergent treatment due to an alarming blood test result that requires immediate medical attention,” his attorney, Imran Ansari, said in a statement.
“It is expected that he will remain there until his condition stabilizes,” the statement continues. “His deprivation of care is not only medical malpractice, but a violation of his constitutional rights.”
A spokesperson for New York City’s Department of Correction did not immediately respond to an email. The agency’s inmate database confirmed that Weinstein had been transferred from Rikers Island to the Bellevue Hospital Prison Ward in Manhattan.
Weinstein has been in city custody since earlier this year after the New York Court of Appeals overturned his 2020 rape conviction in the state. The case is set to be retried in 2025. Weinstein has denied any wrongdoing.
In a legal filing last week, Weinstein’s attorneys accused the city of providing him with substandard medical care for a litany of medical afflictions, which include chronic myeloid leukemia and diabetes.
“When I last visited him, I found him with blood spatter on his prison garb, possibly from IV’s, clothes that had not been washed for weeks, and he had not even been provided clean underwear — hardly sanitary conditions for someone with severe medical conditions,” Ansari said in a statement that likened Rikers Island to a “gulag.”
The troubled jail complex, located on an island in New York City’s East River, has faced growing scrutiny for its mistreatment of detainees and dangerous conditions. Last week, a federal judge cleared the way for a possible federal takeover of the jail system, finding the city had placed its incarcerated population in “unconstitutional danger.”
A publicist for Weinstein, Juda Engelmayer, echoed the allegation in a statement Monday.
“Mr. Weinstein, who is suffering from a number of illnesses, including leukemia, has been deprived the medical attention that someone in his medical state deserves, prisoner or not,” he said. “In many ways, this mistreatment constitutes cruel and unusual punishment.”
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.