Ask someone getting a heart transplant if they will live longer
He had had healthcare coverage had the operation and still died
Forty-four-year-old Billy Via was a qualified participant under a group health plan provided by defendant Humana Insurance Company. On July 9, 1988, Mr. Via experienced chest pains and was admitted to Holy Family Hospital, where he was diagnosed with acute anterior wall myocardial infarction. On July 29, 1988, Mr. Via was transferred, with an intra-aortic balloon in place, to Loyola University Medical Center for coronary artery bypass surgery. Before undergoing the surgery, Mr. Via assigned his benefits under the health plan to Loyola. On August 2, after finding medical necessity, Humana authorized Mr. Via's admission to Loyola and 7 days of care.
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Mr. Via underwent the surgery on August 3, but could not be weaned from the cardiac bypass machine. The surgeon, Dr. Henry Sullivan, had two choices: let Mr. Via die on the operating table or insert a Jarvik-7 total artificial heart to prolong his life until a heart donor could be located. The surgeon, of course, implanted the Jarvik-7. On September 5, when a compatible human heart became available, Mr. Via was given a heart transplant. He survived only 2 weeks with the replacement human heart, however, and died on September 19, 1988.
996 F.2d 895