Brain-Damaged Woman At Center Of $5M Negligence Suit
MonarchCare alleges breaches of fiduciary duty by Northern Trust.
“Rather than fulfilling its fiduciary duty ... Northern Trust negligently forsook all future Social Security income and Medicaid benefits and began paying for all of Cristal’s medical needs out of her property,” the lawsuit said.
Since deposing Northern Trust employees who managed McBean’s account, Fox has concluded they didn’t know what they were doing.
“They should’ve either developed the expertise or simply told the folks, ‘Most of our clients are not physically disabled. We deal with rich people. You ought to go to somebody that knows about that,’ ” Fox said.
On Jan. 15, Northern Trust deposed Maria Consuegra, a Miami probate and guardianship attorney who several years ago worked for Comprehensive Rehabilitation Consultants, which provided medical management services to the McBeans.
“My role was to see what of the services that she needed could be paid by a governmental entity,” Consuegra testified.
When asked if she was surprised that government services were not already in place, Consuegra said, “I was appalled more than surprised, because I could not believe that private funds were being used to pay for benefits that could be paid by governmental entities, and that a special needs trust had not been set up.”